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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The USDOL releases new salary requirements to maintain exempt status

On March 7, 2019, the United States Department of Labor released the long-awaited adjustment to the salary level that is the first hurdle to claiming an employee is exempt from being paid overtime. This movement toward a new salary level began in the Obama administration which had proposed a new salary level of $47,476 per …

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How technology may alter your timekeeping

If you have been around in the working world, especially in a manufacturing or restaurant position, you are familiar with a timecard and punch a time clock. You show up to work, insert your time card, and it gets punched with a time stamp. Those timecards were the basis on which you got paid as …

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What is the "regular rate of pay" according to the USDOL?

During a review of US Department of Labor news releases, it was obvious that employers everywhere are still making mistakes in overtime calculations that is costing those employers large amounts of money. Overtime for non-exempt employees must be based on the “regular rate of pay” the employee is earning. Unfortunately, this is not the stated …

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From the Archive: In case you think recording employee time is not important, think again!

Recent news items about recording employee work time have prompted me to republish this post from earlier this year. Try not to make these time recording mistakes. In my consulting practice, I run across companies occasionally that are somewhat lackadaisical in keeping track of the time their employees are working. Often this comes from another …

Read moreFrom the Archive: In case you think recording employee time is not important, think again!

Recording time for ALL employees may be the best protection against wage and hour charges

I conducted a webinar the other day on the top five wage and hour violations that companies commit. These include misclassification as exempt employees resulting in overtime not being paid. Employees complain and an investigation ensues, employees get their pay and the company pays fines and penalties. I am going to suggest a fix for …

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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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Eighty years of the FLSA and companies still screw it up

Two things struck me as I was reading today. First, the Fair Labor Standards Act (FLSA) has been around for 80 years now. You would think that every business course would cover this law, every book on entrepreneurship would cover this law, or every management team would understand the importance of this law. Unfortunately, the …

Read moreEighty years of the FLSA and companies still screw it up

What the Heck is "Doffing?"

I originally wrote this post back in 2011. You would think this is a simple issue, yet employers continue to get it wrong. Just yesterday I read an article written by the attorneys of Fox Rothchild, LLP where they described a case where a company is accused of owing overtime to 7000 employees because the …

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How much do you really trust the government?

The US Department of Labor is trying to become a much friendlier agency when dealing with employers, really they are. They have reinstituted opinion letters, where employers can reach out to the USDOL and get information about a situation, that handled incorrectly could result in a lawsuit. These opinion letters can then act as guidance …

Read moreHow much do you really trust the government?

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