Tag: FLSA

Department of Labor Issues Notice of Proposed Rulemaking to Update Overtime Regulations On March 7, 2019, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM, RIN 1235-AA20) to update the current overtime regulations. Presently, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more…

New DOL Guidance: Payment of Subminimum Wages Under FLSA On February 15, 2019, the U.S. Department of Labor (DOL) release three documents providing guidance on the payment of subminimum wages under § 14(c) of the Fair Labor Standards Act (FLSA). The first two are related to the impact of Rehabilitation Act (§ 511) and the…

DOL Publishes Penalty Increases Update: The penalties were published in the Federal Register on January 23, 2019 and are effective. On January 15, 2019, the U.S. Department of Labor (DOL) released a pre-publication of its Federal Register notice with specifics about the adjustment, for inflation, of the civil monetary penalties assessed or enforced by the Department…

Tuesday, April 16, 2019, 8:30 a.m. Pacific (approved for SHRM and HRCI credit) Wage and hour issues continue to evolve at the federal, state, and local level, and employers who don’t keep up with the changes risk noncompliance. Wage and hour mistakes can result in financial and legal penalties as well as reductions in employee…

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, provides a summary of what you may have missed over the holiday break. EEOC, court kick “Onionhead” employer while it’s down A federal judge in New York ruled on post-trial motions filed by…

OSHA Crane Operator Final Rules On November 9, 2018, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) announced the release of its Cranes and Derricks in Construction: Operator Certificate Extension final rule (Final Rule 82: 51986-51998). The final rule: Removes the requirement that crane operator certifications include the crane’s rated lifting capacity….

HHS Hurricane Florence and HIPAA Bulletin Released In light of the public health emergencies announced for the Carolinas due to Hurricane Florence, the federal Department of Health and Human Services (HHS) released a Hurricane Florence and HIPAA Bulletin: Limited Waiver of HIPAA Sanctions and Penalties During a Declared Emergency. Read the bulletin E-Verify Expands Access…

Question: How do we handle overtime pay calculations for hourly employees when they receive nondiscretionary bonuses? Answer: A nondiscretionary bonus is a bonus based on an employee meeting criteria such as production, sales, quality, efficiency, or other performance standards. The federal Fair Labor Standards Act (FLSA) requires that overtime pay be calculated based on an hourly employee’s…

Milpitas Wage Theft Ordinance On March 20, 2018, the Milpitas City Council adopted Ordinance No. 295 to protect Milpitas workers from wage theft. Wage theft is the denial of wages or employee benefits that are rightfully owed to an employee and includes the failure to pay overtime, minimum wage violations, employee misclassification, illegal deductions in…

DOL Releases Assistance for Enforcement of Tip Credit Rules under FLSA On April 6, 2018, the U.S. Department of Labor released a field assistance bulletin (FAB No. 2018-3) providing guidance concerning the Wage and Hour Division’s (WHD) enforcement of tip credit rules under the Fair Labor Standards Act (FLSA) after Congress amended the FLSA in…