On September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule simplifying the test to determine whether a worker is considered an “employee” under the Fair Labor Standards Act (FLSA) or an “independent contractor”. In short, the proposed rule uses the “economic reality” test as the basis for whether a worker is
DOL Issues Final Rule Allowing Employers to Pay Bonuses Under Fluctuating Workweek Method
On May 20, 2020, the U.S. Department of Labor (DOL) published its final rule allowing employers to pay bonuses and incentives to employees who are paid a salary plus overtime on the fluctuating workweek method (FWM) of computing overtime (employees who are paid a salary whether they work few hours or many, plus 1/2 overtime
Department of Labor Clarifies Salary Basis Requirements for Per-Project Pay
So probably not super exciting or applicable for many employers, but, as I blog all things wage and hour, here you go! On January 7, 2020, the Department of Labor (DOL) released Opinion Letter FLSA2020-2, opining as to whether educational assistants paid on a per-project basis can meet either the “salary basis” or “fee basis”
DOL Final Rule Updates FLSA to Clarify Perks and Benefits for Regular Rate / Overtime Calculation
On December 16, 2019, the U.S. Department of Labor published a Final Rule clarifying whether certain benefits and other payments must be included in the “regular rate” for purposes of overtime pay. I’ve posted about this numerous times (one recently). Recall, a “discretionary bonus” must truly be discretionary in order for an employer to
Reminder – Time to Reclassify Exempt Employees Making Less than $684/wk ($35,568)
Employers with exempt (salaried) employees – do not forget that the Fair Labor Standards Act’s (FLSA) salary threshold increases January 1, 2020 to $684 per week ($35,568). This means, that if you have a salaried exempt employee making LESS than $684 per week, effective January 1, 2020, they will need to be reclassified as non-exempt
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 Weighs In: Employee or Independent Contractor?
In the 6th letter of 2019, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2019-6, which analyzes whether a worker is an employee or independent contractor. While opinion letters are specific to the employer that has sought the letter, they provide useful insight for all employers. In this opinion letter, the DOL states
DOL Issues Proposed Rule Clarifying “Joint Employer” Under Four Part Test
On April 1, 2019, the DOL issued a Notice of Proposed Rulemaking (NPRM), relating to whether two or more entities are “joint employers” for purposes of the Fair Labor Standards Act (FLSA). This arrangement becomes significant when determining overtime for an individual who does not work overtime at either employer, but combined, does (and thus,
DOL Proposes Changes to the FLSA “Regular Rate” – Notice of Proposed Rulemaking Issued
On March 29, 2019, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) under the Fair Labor Standards Act (FLSA). The proposed rules will clarify for employers what types of compensation must be included when determining an employee’s “regular rate” in order to determine the overtime rate. This is a conversation
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