Tag: FLSA

Ask the Expert: Can Time Increments Play a Role in Company PTO Policies?

Question: What’s the minimum amount of time we can require exempt employees to use their paid time off (PTO)? Under our benefits policy, a half day (four-hour deductions) for exempt employees is usually OK, and our nonexempt employees can take PTO one hour at a time, but could we require a similar two-hour increment for […]

DOL’s New Contractor Rule Bringing Big Changes—if it Survives Challenges

A final rule from the U.S. Department of Labor (DOL) means employers can expect a much tougher time justifying a worker’s status as an independent contractor—a fact that has big implications for the gig economy and has attorneys who advise employers urging caution. The final rule, announced on January 9 and scheduled to be published in […]

Workplace Protections for the Working Mother

Many working mothers strive to attain some form of work/life balance but may find their jobs don’t provide the flexibility and autonomy they need to reach this goal. As women, we often feel like we’re spinning one plate too fast and one plate too slow and will eventually drop them all. While many employers voluntarily […]

Case Study: Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

The U.S. Supreme Court recently ruled that a daily-rate worker who earned over $200,000 annually wasn’t exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate didn’t satisfy the “salary basis test,” which is required for an employee to […]

Ask the Expert: Can Employees Be Mandated to Work Overtime?

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding an employer’s ability to require workers to work overtime. Let’s hear what our team of HR experts have to say! Q: Can employees be mandated to […]

Are Student Athletes Also Employees?

The U.S. 3rd Circuit Court of Appeals (which covers Pennsylvania employers) recently announced it will consider the most important question in collegiate sports history: whether students who participate in college athletics are employees. The case comes on the heels of the U.S. Supreme Court’s August 25, 2021, decision in NCAA v. Alston, which struck down […]

2022 State Minimum Wage Increases Map

Under the Fair Labor Standards Act (FLSA), the current federal minimum wage is $7.25 per hour, but the FLSA does not supersede any state or local laws that are more favorable to employees. Therefore, if a state or municipality has a minimum wage that is higher than the federal minimum, employers subject to the state […]

Wilson et al. v. The Avengers as Successor to Strategic Homeland Intervention, Enforcement, and Logistics Division

I have two teenage sons, so I’ve watched all that the Marvel Cinematic Universe has to offer. (“Sure, blame it on the kids, dork.” “Shut up, Internal Monologue—this doesn’t concern you.”) This spring, Marvel rolled out its latest offering, The Falcon and the Winter Soldier, featuring Falcon (“Sam Wilson,” played by Anthony Mackie) and Bucky Barnes (formerly the […]

FLSA

Bonus Coverage: Discretionary vs. Nondiscretionary

Many companies annually prepare business goals and establish incentives for employees if the goals are met. One common incentive is the quarterly or annual bonus. While the reward process seems straightforward, it can come with unexpected obligations and complicated calculations under the Fair Labor Standards Act (FLSA). Let’s take a closer look at exactly which […]