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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.
July 15, 2016

Knowing the Difference between Exempt and Nonexempt

The federal Fair Labor Standards Act (FLSA) requires employers to pay all employees at least the minimum wage for all hours worked, and, one and one-half times the employee’s regular wage rate for any hours worked over 40 in a workweek. However, if an employee meets the requirements of one of the FLSA’s exemptions, the employee may not have to be paid minimum wage or for overtime (as they are considered “exempt” from this requirement). Classifying an employee as exempt, however, is more than just a matter of preference. The FLSA has several specified exemptions, each with its own requirements that need to be satisfied in order to properly use the exemption. Classifying an employee as exempt when the requirements are not met can result in significant liability for the employer.
July 5, 2016

DOL Issues New Overtime Payment Rules

On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA). Currently, the salary threshold (salary level test) for overtime pay under the white collar exemptions is $23,660 per year or $455 per week. The new rule more than doubles the salary threshold to $47,476 per year or $913 per week. This change could affect more than 4 million workers across the United States.
March 30, 2016

5 Hot HR Topics in 2016

The new year tends to bring new HR trends and topics to the forefront. In this article, we’ll look at five topics we expect to dominate HR-related conversations in 2016: health care reform, marijuana in the workplace, proposed changes to the Fair Labor Standards Act, minimum wage increases, and paid sick leave trends.