Tag: Overtime

Commissioned, Retail Salespeople and Overtime or Sunday Pay On May 8, 2019, the Massachusetts State Supreme Court held in Sullivan vs. Sleepy LLC (SJC-12542) that retail salespeople who are paid entirely in commissions or draws (i.e., advances on commissions) are entitled to additional overtime or Sunday pay (pursuant to overtime law at Mass. Gen. Laws…

Driver, Motor Carrier Transport, and Exemption from the Definition of Employee On April 3, 2019, Ohio Governor Mike DeWine signed legislation (H.B. 62) to exclude an individual who operates a vehicle or vessel when performing work for or on behalf of a motor carrier transporting property under the definition of employee in several labor and…

Poster Update On April 1, 2019, the Nevada Office of the Labor Commissioner updated the following bulletins for 2019: Annual Minimum Wage; and Annual Daily Overtime. The state’s minimum wage and overtime rates are unchanged from 2018 even though the bulletins were updated. Specifically, as of July 1, 2019, the state’s minimum wage rates remain $7.25…

Question: What should employers do to prepare for the anticipated January 1, 2020, effective date of new DOL white collar exemptions? Answer: On March 7, 2019, the U.S. Department of Labor (DOL) announced a proposed rule to update and revise Fair Labor Standards Act (FLSA) white collar exemptions by raising the salary level for an exemption from…

Question: What determines if an employee falls within one of the FLSA white collar exemptions? Answer: Under the Fair Labor Standards Act (FLSA), to qualify for exemption, a white collar employee generally must: Be salaried, meaning that he or she is paid a predetermined and fixed salary that is not subject to reduction because of…

2018 EEO-1 Portal Opening for Component 1 Data On March 18, 2019, the Equal Employment Opportunity Commission (EEOC) opened the EEO-1 online portal to receive 2018 EEO-1 Component 1 data (which is race, ethnicity, and gender data). The portal is open from March 18 to May 31, 2019. The EEOC is in the process of developing…

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 proposed rule to update and revise Fair Labor Standards Act (FLSA) white collar exemptions by raising the salary level for an exemption from $455 per week ($23,660 annually) to $679 per…

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…

DOL Delays Overtime Rule Until March 2019 In fall 2018, the U.S. Department of Labor, Wage and Hour Division (WHD) announced that it intends to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 to determine the appropriate salary level for exemption of executive, administrative, and professional employees. The WHD stated that it is…

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…