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Tag Archives: Exempt

FLSA Regulations are Here…with Four Surprises!

After years of speculation, the day is finally here: the Department of Labor will finally publish its revisions to the Fair Labor Standards Act’s (FLSA) white collar exemptions tomorrow in the Federal Register (or at least announce then, with publication ...

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New Fair Labor Standards Act Regulations Very Likely to be Released Next Week

For those of you who have been following the U.S. Department of Labor’s (DOL) efforts to change (at least) the salary threshold for white collar employees under the Fair Labor Standards Act (FLSA), the day of reckoning is likely upon ...

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The FLSA and Inclement Weather: Paying Employees During Weather-Related Shutdowns

Over the holidays, a number of areas of the country experienced severe weather, from blizzard conditions to thunderstorms and tornadoes.  Blog readers and HR contacts in the industry have been sending questions, posting on social media, and calling with questions ...

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Don’t Get Carried Away with the Pay Period Leap Year

Photo credit: Lisa Lawley via Foter.com - CC BY-NC-ND

Yesterday, we discussed the Pay Period Leap Year and what it means for employers. If your first weekly paychecks would normally issue this Friday, January 1, 2016, you will have a fifty-third pay period on December 31, 2015. If your ...

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Preparing for the 2016 Pay Period Leap Year

Historical records show that at least twice in history, countries have observed February 30 on the calendar.  Sweden added the date to its 1712 calendar to correct an earlier calendar error and the Soviet Union observed February 30 in 1930 ...

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Amended New York Law Gives Wage and Hour Plaintiffs Direct Access to Shareholders’ Pockets

Photo credit: stuant63 (Flickr)/Foter.com - CC BY-NC

New York employers and their shareholders will start facing substantially increased liability for wage and hour violations in January now that the state has again amended its Business Corporation Law.  The latest change allows plaintiffs in wage and hour cases ...

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FLSA Endangered Species: The Part-Time Exempt Employee

With the Department of Labor planning to release new Fair Labor Standards Act (FLSA) regulations in 2016, one question that I get frequently is what will happen to part-time exempt employees–professionals (nurses, accountants, etc.), managers, or other administrative personnel who ...

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Defining “Full Time” Under the FLSA and Wage and Hour Laws

All of our recent talk about alternative work schedules and handling PTO raised an issue for a reader who called me yesterday about a common issue that I frequently hear from in-house counsel, payroll administrators, and HR leaders.  Many employers don’t want ...

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Kaplan law school test prep case tests bounds of FLSA Outside Sales exemption

Lawyer readers of the blog will remember BarBRI, Kaplan, and other bar prep providers hawking prep classes, flash cards, practice tests, and more to help law students get through exams and the bar. You also probably remember who their salespeople ...

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The FLSA and the Primary Duty: Classifying Employees Working Both Exempt and Non-Exempt Jobs

Stores are already putting up Thanksgiving and even Christmas displays (at my local Sam’s Club!), and Urban Outfitters is getting ready.  Gawker published an e-mail this past week asking its full time employees at URBN, Urban Outfitters’ Philadelphia-based parent company, to “volunteer” ...

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