Tag: Overtime

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…

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…

California Supreme Court Rules on Overtime Calculations with Retroactive Application On March 5, 2018, the California Supreme Court ruled in Alvarado v. Dart Container Corporation of California (Alvarado) that when calculating overtime in pay periods when an employee earns a flat rate bonus, employers must divide the total compensation earned in a pay period by only…

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.

Question: How do we determine overtime for an employee who performed work in two different states during the same workweek and where different overtime regulations exist in each state? Answer: As a general best practice, employers should apply the standard that favors the employee in order to stay compliant with the laws in both states…

Question: A former employee in Nevada is now alleging we owe him overtime pay. We have no time records indicating overtime is owed and he was paid above minimum wage, but he is producing what appears to us as altered time cards. How should we respond? Answer: Generally, in Nevada, an employer must pay time…

Question: Can an employer deny paying overtime when the time is not pre-approved? If not, what are the options? Answer: Technically, if an employee is clocked in to work, the employee is to be paid for work performed regardless of authorization. According to the federal Department of Labor (DOL) regulations: “An announcement by the employer…

Question: Does an employer need to pay a group of non-exempt employees who attended an optional training over the weekend? Can the employer offer them “comp” time if pay is not “required”? Answer:  Training programs conducted during regular working hours constitute work time and must be compensated as such, according to the federal Fair Labor Standards…