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
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
DOL Announces Proposed New Overtime Rules – $35,308 Will Be the New $23,660
The day we’ve all been waiting for has arrived! Perhaps not quite that exciting, but the U.S. Department of Labor has finally issued its Notice of Proposed Rulemaking, its second attempt at updating the Fair Labor Standard’s Act’s (FLSA) so-called “white collar” exemptions for executive, administrative, professional, outside sales, and computer employees. As I’m sure