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Author Archives: Doug Hass

New Federal Transportation Bill May Bring Meal and Rest Break Relief to Employers

UPDATE: Amendment 783 was cut out of the final bill in conference. As you may have heard, the House has passed a 6-year, $325 billion transportation bill, after considering over 130 amendments.  What you may not know is that the bill ...

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Outside the Box Compensation: Paying for a GED

I don’t post on the weekend very often, but I wanted to pass along a recent story in the Washington Post.  The paper notes that several employers, including Walmart, Taco Bell, and other fast food chains, have been offering an interesting ...

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What the DOL’s Possible Delay of New Overtime Rules Means for Employers

Undoubtedly the hottest topic in Fair Labor Standards Act and wage and hour law has been the Department of Labor’s (DOL) effort to revise the FLSA’s “white collar” or EAP regulations governing executive, administrative, and professional employees who are exempt ...

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DOL Starts Enforcing New Home Health Care Provider Rule Today

As we discussed in October, the Supreme Court denied a request to stay the Department of Labor’s new “Home Care” Final Rule, which prohibits third-party employers from using the overtime exemption in the Fair Labor Standards Act (FLSA) for certain domestic ...

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Closing the Deal: Buyers Beware of FLSA Successor Liability

Last week we discussed pitfalls in ignoring and strategies for addressing labor and employment issues in due diligence from both the buyer and seller side, but with special attention to buyers.  I wanted to finish the series with a larger point ...

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FLSA FAQ: A Solution for Per Diem Problems

Yesterday, we discussed the DOL’s focus on employers’ per diem payments to employees.  I promised an easy–and more easily defensible–solution to employers who want to pay per diems but don’t want the headache of tracking every last receipt that comes ...

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FLSA FAQ: The Problem with Per Diems

Last week, I mentioned that the “per diem” issue under the Fair Labor Standards Act (FLSA) is not just a regular rate calculation problem, but a liability issue, too.  In the case that we discussed on Friday, the parties had agreed that ...

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The Effect (or Non-Effect) of Expense Reimbursements on the FLSA “Regular Rate”

Recently, we have discussed certain types of special calculations for non-exempt employees who earn commissions or who receive commissions or bonuses at a later date than they earned them. These issues are all part of broader discussions about fixed payments that ...

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Local Minimum Wage Measures Produce Mixed Bag in 2015 Elections

Those of you who follow me on Twitter know that one of my main focuses from day to day is updating you on ordinances, ballot initiatives, and other local and state actions on minimum wages, paid family or sick leave, and ...

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Closing the Deal: Strategies to Address FLSA and Wage and Hour Problems during Due Diligence

In Monday’s post, I highlighted some of the steps buyers and sellers should follow when conducting due diligence on FLSA and other wage and hour-related issues.  The next obvious question, of course, is what to do when your initial due ...

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