DOL Proposes Revisions to the Fluctuating Workweek Overtime Method

In November 2019, the U.S. Department of Labor (DOL) published a proposed rule to update the “fluctuating workweek” method for calculating employee overtime wages under the Fair Labor Standards Act (FLSA). The fluctuating workweek method provides employers a cost-saving option to compensate employees who are not exempt from the act’s overtime wage payment requirements. Currently, … Continue reading DOL Proposes Revisions to the Fluctuating Workweek Overtime Method

DOL Increases Civil Penalty Amounts for 2019

In January, the Department of Labor (DOL) increased the civil penalty amounts that may be imposed on employers under the following federal laws: The Fair Labor Standards Act (FLSA) The Employee Retirement Income Security Act (ERISA) The Family and Medical Leave Act (FMLA) The Occupational Safety and Health Act (OSH Act) These increased amounts apply … Continue reading DOL Increases Civil Penalty Amounts for 2019

Compensable Time: What You Need to Know

The Fair Labor Standards Act (FLSA) requires employers to pay their employees for all hours they are “suffered or permitted to work.” These hours are known as “work hours” or compensable time. What is compensable time? Compensable time includes all hours during which an individual is actually performing productive work and all hours an employee … Continue reading Compensable Time: What You Need to Know

Federal district court permanently enjoins DOL salary level test

By Michael Burns, courtesy of SBAM Approved Partner ASE Another blow was landed against the Obama administration’s effort to change US wage and hour law without passing an amendment to the almost 80-year old Fair Labor Standards Act (FLSA). The same Texas federal court that originally temporarily stayed the implementation of a new salary level … Continue reading Federal district court permanently enjoins DOL salary level test

English-only Policies in the Workplace

There is no doubt that in order for business to be conducted efficiently, workers must be able to communicate with each other. To avoid issues, some employers may decide to implement a workplace policy that requires all workers to speak English at all times. However, implementing such a blanket policy on employee communication is likely … Continue reading English-only Policies in the Workplace

GRIST at a Glance: Top 10 compliance issues for 2017 health benefit planning

By Mercer’s Barbara McGeoch, Karen Koide, Leslie Anderson, Cheryl Risley Hughes, and Kaye Pestaina   In finalizing 2017 health benefit designs, contribution strategies, vendor terms, and employee communications, employers need to keep pace with the latest Affordable Care Act (ACA) and other developments impacting health plans. Listed below are the top 10 compliance priorities for … Continue reading GRIST at a Glance: Top 10 compliance issues for 2017 health benefit planning

DOL Issues New Overtime Payment Rules

OVERVIEW On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA). The final rule increases the salary an employee must be paid in order to qualify for a white  collar exemption. The required salary … Continue reading DOL Issues New Overtime Payment Rules

Final FLSA overtime rule published early?

The final rule on the Department of Labor’s (DOL) proposed changes to the FLSA overtime exemptions may be published sooner than the anticipated July 2016 date. On March 14, the DOL sent the final draft of the rule to the Office of Management and Budget (OMB),  indicating a faster timeline than what was anticipated. The … Continue reading Final FLSA overtime rule published early?

Tips for Implementing Progressive Discipline

Progressive discipline is a system that provides increasingly severe warnings for repeated employee conduct that either disregards the employer’s policies and procedures or fails to fulfill performance expectations. Using a system of progressive discipline in reaction to poor performance or rule violations can help employers avoid employee legal claims (for example, employment discrimination, sexual harassment, … Continue reading Tips for Implementing Progressive Discipline

DOL Standards for Joint Employment

On Jan. 20, 2016, the DOL issued guidance on joint employment and liability under the Fair Labor Standards Act (FLSA) with Administrator’s Interpretation No. 2016-1. In a joint employment relationship, one employee is considered to be working for more than one employer at the same time. Under the FLSA, joint employers are “jointly and severally … Continue reading DOL Standards for Joint Employment