Tag Archives: FLSA

Reclassifying Exempt Employees as Non-Exempt under the FLSA

We have discussed exempt and non-exempt classifications and related issues many times here. Normally, we talk about classifying non-exempt employees as exempt under (most commonly) one of the white collar exemptions. What about the reverse? Can an employer decide to ...

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July Brings DOL Forbearance on Liquidated Damages in Wage Claims, Investigations

DOL seal

Effective today, July 1, 2020, the U.S. Department of Labor (DOL) is cutting employers a temporary break. As we discussed back in March, employers can be sued for violations of the Fair Labor Standards Act (FLSA), such as failing to ...

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FLSA FAQ: The FLSA and Coronavirus: Paying Employees during the COVID-19 Outbreak while minimizing Wage and Hour Risk

CDC picture of the coronavirus

The Coronavirus (COVID-19) outbreak, first identified in Wuhan, Hubei Province, China is increasingly creating challenges for employers in the United States seeking to protect their workforces and customers, and maintain continuity of operations. While much of the focus has understandably ...

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FLSA FAQs: Liquidated Damages and FLSA Non-Compliance

In our last post, we discussed what can happen if you do not pay the proper overtime premium to your employees pursuant to the Fair Labor Standards Act (FLSA). Employees whose employers fail to make FLSA-required overtime can enforce their ...

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FLSA FAQs: Penalties for FLSA Non-Compliance

In recent weeks, we have gotten really into the weeds about the modifications to the Fair Labor Standards Act (FLSA) regulations (see Part 1, Part 2, Part 3, and the TL;DR version). This week, I would like to back up ...

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The New FLSA “Regular Rate” Clarifications: The TL;DR Version

Bored

Over the past week, we have taken a detailed look at the DOL’s new regulations affecting the calculation of the “regular rate” of pay. In Part 1, we addressed bona fide meal periods and pay for showing up or coming back. ...

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The New FLSA “Regular Rate” Clarifications: Part 3

DOL seal

On January 15, the DOL’s new regulations affecting the calculation of the “regular rate” of pay took effect, in an attempt to “provide clarity and to better reflect the 21st-century workplace.” In part one of our look at the changes, we looked at ...

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The New FLSA “Regular Rate” Clarifications: Part 2

DOL seal

On January 15, the DOL’s new regulations affecting the calculation of the “regular rate” of pay took effect, in an attempt to “provide clarity and to better reflect the 21st-century workplace.” In part one of our look at the changes, we looked ...

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The New FLSA “Regular Rate” Clarifications: Part 1

DOL seal

The Department of Labor (DOL) has been busy lately, and not just by increasing the threshold for salaried, exempt employees under the Fair Labor Standards Act (FLSA). That threshold increased on January 1, 2020 for the first time since the ...

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Final Wages: Paying Accrued Leave at Termination

Holiday

Earlier this month, we discussed the range of issues that an employee departure can raise for employers. One of the most frequently searched topics on this blog relates to accrued vacation, PTO, sick leave, and other leave banks, and, in ...

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