Tag: FLSA

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…

Check out an analysis of a recent U.S. Supreme Court Decision regarding overtime exemptions by Steve Katz, senior counsel with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP. FLSA Overtime Exemptions Challenged When it comes to exemptions from overtime under the Fair Labor Standards Act, courts…

New Guidance on Tipped Wages

The 2,232-page budget spending bill that was signed by President Trump on March 23, 2018, included an amendment to the Fair Labor Standards Act (FLSA) prohibiting employers, managers, or supervisors from collecting or retaining tips made by employees, regardless of whether the employer takes a tip credit. This law essentially blocked the U.S. Department of…

So Who Is a Paid Intern Now?

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) created new guidance for determining whether a worker could be classified as an unpaid intern under the federal Fair Labor Standards Act (FLSA). The FLSA requires “for-profit” employers to pay employees for their work. Interns, however, may not be classified as…

On August 31, 2017, Federal District Court Judge Amos Mazzant overturned the Fair Labor Standards Act (FLSA) Final Overtime Rule that would have doubled the annual salary level to qualify for exemption from overtime from $23,660 to $47,476.

Employers saw unprecedented changes to human resources management in 2016, including Affordable Care Act (ACA) compliance, new Fair Labor Standards Act (FLSA) regulations, parental leave laws and a push for equal pay. With a new year and a new president taking office, 2017 is sure to usher in some major changes and HR challenges that…