Tag: overtime pay

October 18, 2022

The 1st U.S. Circuit Court of Appeals affirmed a lower court’s admission of employees’ testimonies to establish the employer’s pay practices by finding that the testimonies represented an adequate sampling of the employer’s workforce. The stonemasonry business is seasonal, starting […]

April 28, 2022

In times of short staffing, it’s important to remember exempt employees may lose their exempt status if they spend too much time performing nonexempt work. A recent ruling by the U.S. District Court for the District of Minnesota serves as […]

March 30, 2022

An emergency medical services (EMS) employee could proceed with a class action against Cleveland County, N.C., for failing to pay full straight time along with overtime pay under the Fair Labor Standards Act (FLSA), the 4th U.S. Circuit Court of […]

November 22, 2021

The FLSA overtime rule determines whether employees are eligible or exempt for overtime pay. Exempt employees, because of their rate of pay and type of work that they do, are not eligible for overtime pay for hours worked over 40 […]

September 15, 2020

Most employers are well aware of their obligations under the Fair Labor Standards Act (FLSA)—primarily, the requirement to pay at least minimum wage and pay overtime for hours worked in excess of 40 in a given workweek. These apply to […]

May 22, 2020

The federal Department of Labor (DOL) released a final rule on May 20, 2020 addressing whether employers may pay bonuses, commissions, and other types of incentive payments to employees paid under the fluctuating workweek (FWW) method of paying overtime. The […]

November 20, 2019

Early this year, the Department of Labor announced the minimum salary to be exempt from overtime pay will be $646 per week, or $35,548 per year. Any of your employees that earn less than that must be paid overtime if […]

September 3, 2019

Overtime pay is mandatory under federal law if you work more than 40 hours in a week and are not exempt from the Fair Labor Standards Act (FLSA). For the past few years, the Department of Labor has batted around […]

March 5, 2019

Two employers learned a lesson in understanding the rules of the Fair Labor Standards Act. The FLSA requires that non-exempt employees receive overtime pay based on their “regular of pay”. Unfortunately, many employers don’t understand that term. Regular rate of […]

December 20, 2018

The December holidays and year-end pay issues raise a number of wage and hour and leave challenges for employers. Many businesses give holiday gifts or year-end bonuses to their employees. If the bonuses aren’t handled properly, you could expose your […]

December 1, 2016

When a federal judge in Texas placed an injunction on the new Department of Labor (DOL) overtime regulations, the action threw an untimely wrench into employers’ months-long efforts to comply with the new rules—leaving many in a difficult and confusing […]

November 25, 2016

Many HR professionals and legal experts were surprised Tuesday by a preliminary injunction that halts the Dec. 1, 2016, implementation deadline of the Department of Labor’s (DOL) new overtime rule. Texas Judge Amos Mazzant issued an emergency injunction just 10 […]

October 19, 2016

On Sunday, Nov. 6 at 2:00 a.m., daylight saving time will end and in most states clocks will be set back one hour. As it does every year, this change presents a challenge for employers whose nonexempt employees are working […]

October 14, 2016

Overtime pay in California is compensation for working more than 40 hours per week or eight hours per day. Whether you are required by law to receive overtime pay depends on a number of factors which we will cover below. […]

March 29, 2016

Continuing with the theme that I established yesterday, poor HR practices, today I want to talk about the importance of keeping accurate time records. Supposedly we all know that the Fair Labor Standards Act (FLSA) requires accurate time records for […]

March 15, 2016

The final overtime rule is edging closer to release: yesterday, the Department of Labor (DOL) sent to the Office of Management and Budget (OMB) its proposed changes on determining which workers should be eligible for overtime pay. After a review […]