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February 6, 2018

FLSA: Compensable Travel Time

The Fair Labor Standards Act (FLSA) regulates what constitutes compensable time or hours worked. Under the FLSA, compensable time includes all work an employer “suffers or permits” its employees to work. This may occasionally include an employee’s travel time. This article provides general information relating to compensable travel time under the FLSA.
January 22, 2018

DOL Announces New Standard for Unpaid Interns

On Jan. 5, 2018, the U.S. Department of Labor (DOL) announced that it would adopt a new standard for determining whether interns and students are “employees” who must be paid under the Fair Labor Standards Act (FLSA). The DOL clarified that, going forward, it would abandon its sixpart test and instead adopt the “primary beneficiary” test used by federal courts.
September 19, 2017

DOL Overtime Rule Defeated for Good

A federal judge struck down the Department of Labor (DOL) overtime rule, which would have raised the Fair Labor Standards Act (FLSA) minimum salary threshold from $23,660 to $47,476. The federal court’s decision is the final ruling on the subject, unlike the ban in November 2016 that merely halted the rule from taking effect.
June 14, 2017

DOL Withdraws Worker Classification Guidance

On June 7, 2017, the U.S. Department of Labor (DOL) withdrew a 2015 administrative interpretation on classifying workers as employees or independent contractors. The withdrawal became effective immediately. Despite the withdrawal of this guidance, employers are still required to properly classify their workers. The DOL stated that it “will continue to fully and fairly enforce all laws within its jurisdiction, including the Fair Labor Standards Act.”
May 24, 2017

House Passes Changes to Overtime Rules

On May 2, 2017, the House of Representatives passed the Working Families Flexibility Act (also known as H.R. 1180). If approved, H.R. 1180 would authorize private employers to offer compensatory time instead of overtime pay for nonexempt employees who work more than 40 hours per week.
November 28, 2016

New Overtime Rule will not Take Effect on Dec. 1 as Scheduled

On Nov. 22, 2016, a federal judge in Texas issued a preliminary injunction, halting the enforcement of the Department of Labor’s (DOL) new overtime rule until further notice. The rule, which was set to take effect on Dec. 1, 2016, would have increased the salary threshold for the “white collar overtime exemptions" to $47,476 per year. The judge’s ruling gives employers across the country a reprieve from having to raise salaries for exempt employees to the new threshold or pay them overtime. However, an appeal of the ruling is possible. The DOL said in a statement that it was reviewing the court's order and considering any next steps.
November 23, 2016

Overtime Rule Blocked by Federal Court

On Nov. 22, 2016, a federal judge in Texas issued a preliminary injunction, halting the enforcement of the Department of Labor’s (DOL) new overtime rule until further notice. The rule, which was set to take effect on Dec. 1, 2016, would have increased the salary threshold for the “white collar overtime exemptions" to $47,476 per year.
November 1, 2016

Overview of Overtime Rule Changes

On May 18, 2016, the U.S. Department of Labor (DOL) released a new rule that will overhaul overtime wage payment in the United States. The new rule will more than double the salary threshold that employees must meet to qualify for overtime wage payment exemption—a change that could affect more than 4 million workers across the United States. Employers must comply with the new rule by Dec. 1, 2016. Given the magnitude of this new rule, it is important to start preparing now for changes to overtime regulations.
September 19, 2016

HR Q&A: How do you determine if an employee is “exempt” or “nonexempt”?

Simply stated, when a position is considered exempt, it means that individuals in that position are exempted from the overtime provision of the Fair Labor Standards Act (FLSA). An employer uses the FLSA salary and duties test to determine status.