The decision on what salary level is appropriate to be considered exempt is delayed

Back in December of 2016 the Obama administration effort to raise the salary level which defined eligibility for exempt status from $23,660 to $47,476 per year, or $455 to $913 per week. That was brought to a halt in late November 2016 by several lawsuits, and as yet has not been decided. The USDOL has …

Read moreThe decision on what salary level is appropriate to be considered exempt is delayed

Here is a chance to give you input on the future salary levels to be an exempt employee

Remember back at the end of 2016 when the Department of Labor proposed a new minimum salary level that was to used determine whether an employee could be considered exempt? As you may recall that salary level was set at $47,476 per year and was to take effect on December 1, 2016. As we all …

Read moreHere is a chance to give you input on the future salary levels to be an exempt employee

Who doesn’t keep time records?

In my consulting career, I have never run into companies that don’t keep time records for their nonexempt employees. Apparently, there are some companies that don’t and that spells trouble for employers. Violation of the FLSA Not keeping time records for people who have to be paid on the basis of their time worked is …

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Double wrong-doing: Another case of bad HR

I have been in HR for a long time and I have seen many errors. Every company I worked for, however, knew that nonexempt workers were owed overtime at the rate of time-and-a-half for all hours worked over 40 hours in the week. As a result, I usually chalk up incorrect payment of wages to …

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Videos to explain the FLSA

I opened up my mail today to read yet another story about a company violating the Fair Labor Standards Act. Once again it was a restaurant that was so bad they had to pay $654,366 in back wages to 567 employees for multiple FLSA violations. There was, however, a link in this article to a …

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FLSA Follow up

As a follow up to my post yesterday about the FLSA turning 80 years old last month, I decided to look at some of the big cases involving the FLSA. Perusing the US Department of Labor newsroom here is what I found: S. Department of Labor Investigation Results in U.S. District Court Ordering Oklahoma Restaurant …

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Do most employers engage in wage theft?

Are you an employer who pays employees for their work? Are you certain that you have accurately paid nonexempt employees for every minute they have worked? Are you certain that you have never incorrectly made a deduction from an exempt employee’s check when they didn’t work a full week? Well, congratulations if you haven’t, but …

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Opinion letters flowing from the Wage and Hour Division to help employers

In a blog post from last July, I mentioned that Department of Labor Secretary Alex Acosta had announced that the Wage and Hour Division would start administering opinion letter again. They have lived up to their word. Initially, they reviewed and reissued opinion letters from 2009, such as one on permissible salary deductions from exempt …

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Three HR Lessons on a Wednesday morning

When you write five times a week like I do, you become grateful that other write great material that I can point out to you. Today is one of those days where I want to make you aware of some informative and thought=provoking lessons. First up is Todd Lebowitz who warns us that even though …

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The Issue of Sexual Orientation has been settled, or has it?

In Title VII of the Civil Rights Act, there is no expressed protection for sexual orientation. However, during the Obama administration, the EEOC ruled that sexual orientation is protected under sexual discrimination provisions of Title VII. When the country switched over to the Trump administration, the Department of Justice said that sexual orientation is not …

Read moreThe Issue of Sexual Orientation has been settled, or has it?

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