The public comment period for the USDOL's proposed rescission of the 2011 tip regulations has closed. Regardless of where data and "fairness" concerns might lead one, the fundamental legal issue is that the agency's authority does not extend to circumstances where an employer is not taking the tip credit.
The Federal Judicial Center has provided guidance that could fast track initial disclosures by including requirements uniquely crafted for FLSA cases.
Once upon a time, a seriously-alarmed legislative body concluded that wage-hour claims and litigation had gotten out-of-hand . . .
Favorable court rulings regarding off-the-clock work require more than the right policies, but illustrate the magnitude of such policies under the right circumstances.
Some might find U.S. Labor Department "Fact Sheets" to be useful summaries or overviews in evaluating exemption status, but these materials are not themselves the definitions of exempt status under the FLSA's Section 13(a)(1).
Employers who are currently relying upon a "highly compensated" version of the FLSA's white-collar exemptions should carefully consider the 2016/2017 transitional implications of the higher "total annual compensation" dollar amount that goes into effect on December 1.
With only about 60 days to go, we continue to urge employers to move forward with their final preparations for the increased dollar-amount thresholds under the federal Fair Labor Standards Act's so-called "white collar" exemptions.
At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair Labor Standards Act's Section 13(a)(1).
We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair Labor Standards Act exemption changes.
According to Bloomberg BNA, reports are that the new minimum salary for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions will annualize to "about" $47,000.