FLSA – Page 6 – ManagEase

New Federal Overtime Rules Mean Changes to Classification of Exempt Workers in All States

May 23, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers

EFFECTIVE

December 1, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The U.S. Department of Labor (“DOL”) recently released the long-awaited Final Rule (“Rule”) changing overtime exemption requirements under the Fair Labor Standards Act (“FLSA”) affecting all states. Employers need to review employee classifications for possible changes in preparation of the December 1, 2016 deadline.

Ninth Circuit Rules No Tip Pooling Among Employees who are not Normally Tipped

March 31, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers who Utilize Tip Pooling Arrangements in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington

EFFECTIVE

February 23, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Employers in service industries should take note of the recent decision in Oregon Restaurant & Lodging Assoc. v. Perez, where the Ninth Circuit Court of Appeals upheld a U.S. Department of Labor (DOL) regulation which states that employers cannot require tipped employees to share their tips with untipped employees. Prior to the decision in the Oregon Restaurant case, there was an ongoing debate among District Courts in the Ninth Circuit regarding the enforceability of the DOL regulation, causing some employers to disregard the DOL regulation entirely.

U.S. Department of Labor Sweeps West Coast Fast Food Businesses for Pay Compliance

March 31, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All West Coast Employers Owning a Fast Food Franchise

EFFECTIVE

Immediately

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Investigators from the U.S. Department of Labor (DOL)’s Wage and Hour Division are sweeping fast food establishments on the west coast to ensure that proper minimum wage and overtime regulations are being observed. This investigation continues to focus on establishments located in California, Oregon and Washington.

First Circuit U.S. Court of Appeals Approves Fluctuating Workweek Overtime Calculation Method Using Performance-Based Commissions

March 31, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers in Maine, Massachusetts, New Hampshire, Rhode Island

EFFECTIVE

February 12, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The U.S. Court of Appeals for the First Circuit recently ruled on a Massachusetts District Court case stating that an employer’s use of the fluctuating work week (FWW) method to calculate overtime, when factoring in a performance-based pay structure, does not violate the federal Fair Labor Standards Act (FLSA) or Massachusetts Minimum Fair Wage Law.

U.S. DOL Issues Administrator’s Interpretation on Employee Misclassification

August 11, 2015/0 Comments/in HR Alerts /by ManagEase

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All Employers

EFFECTIVE

Immediately

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The misclassification of workers as independent contractors has been an ongoing challenge for employers and workers alike. Due to the fact that contractors lack many workplace protections—such as minimum wage or workers’ compensation rights—and that misclassification results in lower tax revenues for the government, the U.S. Dept. of Labor (“DOL”) recently released Administrator’s Interpretation No. 2015-1. This interpretation, published on July 15, 2015, provides guidance on the existing rules for classifying employees.

U.S. Dept. of Labor Publishes Proposed Revisions to FLSA Overtime Rules

July 13, 2015/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers

EFFECTIVE

July 6, 2015

QUESTIONS?

Contact HR On-Call

(888) 378-2456

After a months-long wait, the U.S. Department of Labor has published a Notice of Proposed Rulemaking (NPRM) regarding amendments to the Fair Labor Standards Act (FLSA) white collar overtime exemption rules. The NPRM was released on July 6, 2015, and outlines new exempt eligibility requirements.

How to Handle Religious Holiday Requests

March 13, 2015/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All employers

EFFECTIVE

March 1, 2015

QUESTIONS?

Contact HR On-Call

(888) 378-2456

With spring comes many religious holiday observances likely to affect your business. How would you handle an employee’s request to have Good Friday or Passover off?

ACA Employer Notice of Exchange Coverage Deadline Delayed

February 21, 2013/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers and Employees

EFFECTIVE

NO LONGER effective as of March 1, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Department of Labor has announced that the requirement for employers to provide notice of Insurance Exchanges to their employees will not take effect on March 1, 2013 as it was originally scheduled. The Affordable Care Act (ACA) amended the Fair Labor Standards Act (FLSA) requiring employers to send a notice describing certain elements of exchanges and subsidy eligibility to employees by March 1, 2013.

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