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FLSA

Get out your calculator to ensure bonuses comply with FLSA

07/17/2017
Under the FLSA, purely “discretionary” bonuses do not need to be included when calculating the regular rate. “Nondiscretionary” bonuses, however, must be included.

Changing nature of work affects seaman classification

07/12/2017
Generally, seamen aren’t covered by the Fair Labor Standards Act’s overtime provisions. However, it’s not as simple as one might think to decide who should be classified as a seaman.

Be on the lookout! Class-action participants may decide to file individual suits, too

07/12/2017
Ignoring notice about that case may put you on the losing end of a default judgment—or a second round of litigation.

Employees and contractors do same work? Be prepared to justify classifications

07/12/2017
Here’s a warning for employers that have regular employees and independent contractors who perform the same kind of work: If you pay the employees overtime when they work more than 40 hours in a workweek while contractors only receive straight time, you may end up facing a Fair Labor Standards Act class-action lawsuit.

Carefully analyze FLSA categories to make correct exempt/nonexempt call

07/12/2017
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.

Administration begins new OT rules process

07/11/2017
A “request for information” issued June 27 by the U.S. Department of Labor marks the first step in what could be many more months of wrangling over how much white-collar workers must earn before they’re no longer eligible for overtime pay.

DOL on overtime rule: We could defend but don’t really want to

07/03/2017
The Department of Labor has made what may be its last move in the abortive rulemaking process that would have raised the white-collar overtime salary threshold.

Overtime suit filed by Puff Daddy’s former chef

07/03/2017
The former personal chef to rap star Sean Combs alleges that she was not paid overtime she was entitled to receive.

Most of Minneapolis council supports $15 minimum wage

06/28/2017
Although no specific ordinance is before the Minneapolis city council, more than half its members have publicly stated they support a $15 an hour minimum wage.

Vehicle modifications could jeopardize Motor Carrier Act overtime exemption

06/28/2017
If you employ drivers and rely on the Motor Carrier Act to avoid paying those drivers overtime, be aware that any modification to vehicles that otherwise would fall under the law could so alter the vehicle that drivers are covered by the Fair Labor Standards Act instead.