The USDOL is revising the definition of "Regular Rate of Pay"

Back in January, I wrote a post entitled What is the “regular rate of pay according to the USDOL.” At that time I explained that many employers made FLSA overtime mistakes because they did not calculate overtime on the correct rate of pay. The USDOL has introduced a proposal to revise and clarify the definition …

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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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Three for Thursday- Paying attention to the FLSA

The US Department of Labor is one of those agencies that have been fully funded during the shutdown. Their activity continues, thus it is important to not let your adherence to the FLSA lapse. My friend, Jon Hyman, publishes a weekly curation of articles he read and I use it as a source for things …

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Revisited:Under the FLSA a late paycheck is as bad as no paycheck

With the current government shutdown, many employees have been furloughed. Others have been described as “essential” and are required to work for no pay, with the promise of getting all monies owed them when a new budget is authorized. It has happened in the past, as described below, but this time it is going to …

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Two for Tuesday

It has been a while since I last published due to my holiday hiatus. I wanted to start back up by making you aware of two publications of importance to HR. First up is a notice from Susan Milner Parrott of  Smith Anderson. She writes about four new opinion letters published by the US Department of …

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Five acts that violate the overtime provisions of the FLSA- again

I am still doing webinars on violations of the FLSA because employers still make these mistakes.  I spent an hour reading material on the many employers who make FLSA mistakes. Stop! Learn the correct ways! CNN Money published a list of the top 10 industries that violate the overtime provisions of the Fair Labor Standards Act. …

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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!

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

Two News Items of Interest to HR

The arena of human resources is not a static one. Rather, one of the main challenges for people in the profession is the fact that rules, regulations, and practices are changing all the time. In that vein, I have several things in the news of which you need to be aware. Exempt salary level Back …

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