On January 7, 2020, the U.S. Department of Labor issued its first Opinion Letter of the new year – FLSA2020-1. In this instance an employer pays employees a non-discretionary lump sum bonus of $3,000 who complete a 10 week training program and agree to continue training for another 8 weeks. However, the employee will
It’s Beginning to Look a Lot Like [Bonus Time] Everywhere You Go…
It’s that time of year where employers and employees alike get into the holiday spirit. Being the wage and hour blog that it is, I thought about sharing a few general holiday reminders (keep in mind I’m keeping this super simple just to toggle your brain):
- Hourly employees who are provided a non-discretionary bonus must
DOL Defines a “Month” for Retail or Service Establishment Exemption
In a September 10, 2019 opinion letter, FLSA2019-23, the U.S. Department of Labor was asked to interpret what a “month” means for purposes of the retail or service establishment exemption (29 U.S.C. 207(i)). In this exemption, an employee need not be paid overtime if the employee is employed by a “retail or
Minneapolis Considering Freelance Worker Protection Ordinance As Companion to Its Wage Theft Ordinance
On September 12, 2019, three City of Minneapolis Council members shared a draft ordinance, the Minneapolis Freelance Worker Protections Ordinance. As it is just in the draft stages, I won’t go into great detail here, but to point it out. For those Minnesota employers who rely on independent contractors – the development of this
Minneapolis’ Wage Theft Ordinance Takes Effect January 1, 2020 for ALL Employees
Just as soon as Minnesota employers start to understand the new Minnesota Wage Theft Law (enacted July 1, 2019), the City of Minneapolis has passed its own ordinance, the Minneapolis Wage Theft Prevention Ordinance, effective January 1, 2020. Employers located in Minneapolis and employers located outside of Minneapolis but who have employees who work
DOL Releases Final Overtime Rule – Effective January 1, 2020
Except or Non-Exempt? That is the question (which should not be answered by eenie-meenie-miney-mo)! The U.S. Department of Labor (“DOL”) issued its Final Rule today (September 24, 2019) regarding the overtime exceptions under the so-called “white collar” exemptions. As you may recall, the DOL previously issued a final rule in May 2016, but that rule
DOL Issues Opinion Letter Regarding Conflicts Between State and Federal Law Overtime Laws & 2 v 3 Year Statute of Limitations
On March 14, 2019, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2019-1. In this situation, an employer asked whether the FLSA applies when its employees (live-in superintendents and residential janitors) are exempt from state law overtime. The DOL confirmed what I’ve posted about several times:
When a federal, state, or local minimum
New Overtime Rules Published
The day has arrived! The US Department of Labor’s (DOL) Notice of Proposed Rulemaking, revising the Fair Labor Standards Act (FLSA), has been published in the Federal Register. Thus, the public comment period is open for 60 days (to May 21, 2019). For a short overview of the changes, you can read my previous
Bill Introduced to Reduce Minnesota Overtime Requirement from 48 to 40 Hours
On March 7, 2019, HR 2274 was introduced in the Minnesota House of Representatives that would very simply change the state overtime requirement from 48 hours to 40 – matching the federal FLSA. This bill would simply strike “48” from Minn. Stat. 177.25, and replace it with “40”. It has been referred to the Labor
MNDOLI Reminds Employers Yet Again To Follow Wage & Hour Laws
Today the Minnesota Department of Labor and Industry (MNDOLI) issued employers yet another reminder not to engage in “wage theft” from employees, and encouraged subscribers to share the message. So, I’ll do my civic duty and share. In short, MNDOLI reminds employers of the following (with my comments below each point):
- Pay your employees the