The USDOL finally gives us the updated Overtime Rule!

I am been saying it since 2016 that the US Department of Labor would be issuing new rules for who was to be paid overtime and who was not. Since the Obama administration’s attempt to update the overtime rules was killed in 2016 we have been waiting for the Trump Department of Labor to administer …

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EVERYONE needs training on the Fair Labor Standards Act!

The Fair Labor Standards Act, also known as the wage and hour law, has been in the news a great deal lately. In at least five cases in the past week errors costing tens-of-thousands of dollars have been in the news. Employers are making mistakes on overtime payments, especially in calculating the “regular rate of …

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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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If you require the overtime, pay the overtime

I am amazed sometimes at the things employers will do to avoid paying overtime. If this is done unintentionally, it is a sign of ignorance and lack of proper understanding of the requirements of the Fair Labor Standards Act. If this is done intentionally this falls into the category of wage theft. Below is a …

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FLSA issues for 2018

As we enter into a new calendar year there are a lot of Department of Labor issues employers should be concerned with in handling employees. I am not going to cover all of them, but I do want to talk about several. Employee classification One of the biggest issues of 2017 will continue to be …

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Paying a salary does not alleviate the need to pay overtime: Another case of "bad" HR

A company learned the hard way that paying an employee a salary does not remove the obligation to pay for overtime if the employee is entitled to it. A restaurant in Akron, Ohio found this out the hard way and it ended up costing them $118,354 in back wages and damages, paid out to 21 …

Read morePaying a salary does not alleviate the need to pay overtime: Another case of "bad" HR

Comp time for non-exempt workers? Has its time come?

Under the Fair Labor Standards Act (FLSA), when a nonexempt employee works overtime the law requires that any time worked more than 40 hours in a week be paid in cash at the rate of 1.5 hours for every hour worked. What if there was a way to allow employees to take that pay as …

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The FLSA changes have been stopped, NOW WHAT?

Most of you by now have heard that the FLSA changes on the salary level to be and exempt employee scheduled to go into effect on December 1 have been stopped, at least temporarily, by a Federal judge in Texas. This will have different meaning to different parties, depending on where they were in the …

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Changes in the sales world are outpacing the FLSA

As I wrote yesterday the FLSA overtime regulations are changing, subsequently increasing the number of employees considered non-exempt. However, that is not the only change occurring that will increase the number of nonexempt employees. Outside sales positions disappearing Technology is changing the nature of the sales position. How things are sold has moved from the …

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