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DOL proposes rulemaking to implement statutory amendments to FMLA

Secretary of Labor Hilda L. Solis  announced on Jan. 30 that the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees. The FMLA, […]

Data Points: The Boomers @ 62

• The majority of Baby Boomers who turn 62 in 2008 plan to retire by age 65. • The majority of Baby Boomers who are turning 62 this year have been married only once and have 2.4 children; however, only one in five say their children are living at home with them. • Only 2% […]

Off the Clock, but on the Payroll–and Other Overtime Challenges

In yesterday’s Advisor, we discussed the “overtime revolution” and hit some common overtime violations. Today, more violations and the announcement of an audio conference that will help insulate you from overtime lawsuits. As we said yesterday, overtime violations, easy as they should be to avoid, just keep coming and coming. And many involve high-dollar settlements. […]

IRS Doesn’t Want to Play High-low Anymore

The IRS announced July 19 that it intends to eliminate a set of alternative per diem rates called the “high-low” rates, which the federal government — and at their discretion, private employers — use to reimburse employees for meals and incidental expenses they incur while on business travel. In Announcement 2011-42, the IRS said it had […]

No Punitive Damages for Wage-Hour Violations, Court Says

A California court of appeals has ruled that an employee cannot recover punitive damages for the employer’s violations of state Labor Code provisions governing meal and rest breaks, pay stubs, and minimum wages.1 That’s because those Labor Code provisions include specific remedies, including penalties that are punitive in nature—and those are the only remedies available. […]

First Circuit Serves Up Employer-Friendly Ruling; FLSA Admin. Exemption Does Not Cater to Banquet Employees

Banquet sales managers do qualify for the administrative exemption under the Fair Labor Standards Act — meaning no overtime is on the menu. So says the 1st U.S. Circuit Court of Appeals in Hines v. State Room, Inc. Plaintiffs in the case are former employees of banquet facilities that “host high-end wedding receptions and other […]