Here’s one I didn’t see coming – the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2021-6 today, along with three others (see my other blog posts), which concluded that staffing firms that recruit, hire, and place employees on temporary assignments with clients may qualify as a “retail or service establishment” for purposes of an
DOL Opinion Letter Issued Regarding Administrative Exemption for Account Managers of Life Science Product Manufacturer
On January 8, 2021, the U.S. Department of Labor (DOL) issued opinion letter FLSA2021-1. Spoiler alert – the DOL determined that account managers at a life science products manufacturer were properly classified as exempt from overtime based on the administrative exemption. These employees have at least a bachelor’s degree in a life science (or
How to Calculate the Regular Rate for an Employee Paid on a Piece-Rate Basis
On November 30, 2020, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2020-17, concerning how to calculate the regular rate of an employee paid on a piece-rate basis. In this situation, the employees are warehouse unloaders, and are paid based on the number and types of trucks they unload. Some of them have
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
DOL Opinion Letter Clarifies Method for Calculating Overtime Pay for Nondiscretionary Bonus
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
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 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
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