Beware Minimum Wage Violations When Making Pay Deductions
A recent U.S. Department of Labor (DOL) enforcement action serves as a reminder that employers must ensure that wage deductions do not create minimum wage violations.
Tag: wages
Adopt New FLSA Overtime Rules Before December Deadline, Former DOL Official Says
By Kate McGovern Tornone, Editor Employers should make any necessary changes to employees’ exemptions before the workweek that includes December 1, according to a former administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD).
Massachusetts passes broad new pay equity law
A new Massachusetts pay equity law going into effect on July 1, 2018, contains provisions that are much broader than current federal law and even prohibits employers from screening applicants based on their salary or wage history. Although the law doesn’t take effect for nearly two years, employers are advised to start planning immediately in […]
Ask the Expert: How Should Employee Car Allowance Be Paid?
Can a car allowance be paid on a standalone check without any receipt? Or should this be paid via payroll and to be taxed? Thank you for your inquiry on car allowances paid by employers.
Illinois Court Finds Chicago Eatery’s FLSA Claims Unappetizing
By Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP Does your organization use independent contractors or other workers labeled “owners” or “partners” who aren’t considered employees? If so, a recent decision by a federal court judge in Chicago that shows the danger in misclassifying employees may give you indigestion.
Q&A: How Can We Safely Conduct an FLSA Compliance Audit?
By Holly Jones, JD, BLR Senior Legal Editor Question: In preparation for the new regulations coming on December 1, we’d like to conduct a comprehensive Fair Labor Standards Act (FLSA) audit of all of our positions. We expect that some positions will be reclassified based on salary threshold, but we may also have some positions […]
Ask the Expert: Can I Stop Employees from Talking about Compensation?
Can I stop employees from talking about compensation with each other-e.g., discussing how much they are paid? Prohibiting employee discussions about compensation is likely to violate the National Labor Relations Act (NLRA), a federal law that protects both unionized and nonunionized employees. Information about the law is available on HR.BLR under the topics Unions and […]
New Overtime Regulation Won’t Apply in Puerto Rico
By Kate McGovern Tornone, Editor The new Fair Labor Standards Act (FLSA) salary threshold will not apply in Puerto Rico when it takes effect for the rest of the country this winter.
Supreme Court Says DOL Must Explain Exemption Regulations
By Kate McGovern Tornone, Editor The U.S. Department of Labor (DOL) did not properly explain a regulatory change made in 2011, the U.S. Supreme Court has determined. The department issued regulations exempting car dealership “service advisors” from the Fair Labor Standards Act’s (FLSA’s) overtime requirements but those rules were not properly issued and therefore are […]
California Jury Instructions Key to Defeating Age Discrimination Claim
By Michelle Lee Flores If an employee proves that an illegal reason (such as age discrimination) was a substantial motivation in his employer’s decision to terminate him, does the company have any defense to a wrongful termination claim?