John E. Thompson

John E. Thompson

Fisher Phillips

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Keep Calm And Carry On: Part 2

The December 1 effective date for the increased dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions is now only a little more than two months away. In addition...more

9/28/2016 - Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Whom Does USDOL's Salary Increase Not Affect?

There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an...more

9/19/2016 - DOL Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

USDOL Releases New FLSA Poster

Employers of workers who are subject to the federal Fair Labor Standards Act's minimum-wage provisions are required to display a poster prescribed by the U.S. Labor Department's Wage and Hour Division. 29 C.F.R. § 516.4....more

8/11/2016 - DOL Employer Liability Issues FLSA Minimum Wage Wage and Hour

Job Descriptions Are Not "Exemption Descriptions"

Famous last words in the wage-hour Hall of Infamy include, "Let's write the job descriptions to make them exempt." The problem is, job descriptions do not "make" employees exempt. It is essential that employers steer...more

8/4/2016 - DOL Exempt-Employees FLSA Job Descriptions Non-Exempt Employees Wage and Hour White-Collar Exemptions

"White Collar" Exemption Changes:  Keep Calm And Carry On

Recent Congressional initiatives have targeted the impending increases in the U.S. Labor Department's dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions. There...more

7/27/2016 - Congressional Review Act DOL Exempt-Employees FLSA Minimum Salary Wage and Hour White-Collar Exemptions

Feds Ratchet Up Employer Penalties, Effective Later This Summer

While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

7/6/2016 - Child Labor Civil Monetary Penalty Corporate Counsel DOL Employer Liability Issues ERISA FLSA Immigration and Nationality Act OSHA Visas Wage and Hour

USDOL's Tipped-Employee "Subminimum Wage" Fiction

A recent U.S. Labor Department blog post re-casts the agency's long-running campaign against an alleged "subminimum wage for tipped workers" under the federal Fair Labor Standards Act. Although this latest pitch introduces a...more

7/1/2016 - DOL FLSA Minimum Wage Tipped Employees Wage and Hour

"Nondiscretionary" Pay And The 90%/10% Approach

Once the U.S. Labor Department's revised definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions take effect, employers will be allowed to: - Pay as little as 90% of the new $913...more

6/24/2016 - DOL Exempt-Employees FLSA Over-Time Wage and Hour

"10% Credit" Approach Might Necessitate Timekeeping

Management need not keep hours-worked records for employees who qualify for one of the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions. 29...more

6/16/2016 - DOL FLSA Non-Exempt Employees Over-Time Timekeeping Wage and Hour White-Collar Exemptions

"Exceptions Reporting" Timekeeping:  Is It The Answer?

Due to coming changes in the U.S. Labor Department's compensation requirements for the federal Fair Labor Standards Act's "white collar" exemptions, many employers will no longer rely upon those exemptions for at least some...more

6/7/2016 - DOL FLSA Minimum Wage Over-Time Timekeeping Wage and Hour White-Collar Exemptions

USDOL Releases Details On Exemption Revisions

At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair...more

5/18/2016 - DOL Exempt-Employees FLSA Minimum Salary Wage and Hour

New Exemption Rules Finally Arrive: Employers Should Prepare For The Impact

The U.S Labor Department (USDOL) has finally released the anxiously awaited revised regulations affecting certain kinds of employees who may be treated as exempt from the federal Fair Labor Standards Act's (FLSA) overtime and...more

5/18/2016 - DOL FLSA Wage and Hour White-Collar Exemptions

Two Fluctuating-Workweek Variations

We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair...more

5/13/2016 - Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour

Salary Threshold To Be Approximately $900?

According to Bloomberg BNA, reports are that the new minimum salary for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions will annualize to "about" $47,000. The actual salary requirement is not...more

5/2/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

A Salary "Credit" Is Already "Permitted"

The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher...more

4/29/2016 - Credit DOL Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Ready For The Looming Exemption Changes?

The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain.  But a growing consensus is that they are likely to be...more

4/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

"The Online Exemption Checklist Says . . ."

Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate whether employees they treat...more

4/5/2016 - DOL Exempt-Employees FLSA Non-Exempt Employees Unpaid Overtime Wage and Hour White-Collar Exemptions

Final Exemption Regulations Sent To OIRA For Review

According to the federal Office of Information and Regulatory Affairs' website, the U.S. Labor Department has submitted for review the final revised regulatory definitions of the federal Fair Labor Standards Act's Section...more

3/16/2016 - DOL FLSA Minimum Salary OIRA Over-Time Wage and Hour White-Collar Exemptions

Can A Salary "Build-In" Overtime Pay?

One approach to the coming changes in the federal Fair Labor Standards Act's Section 13(a)(1) exemptions would be to abandon exempt status for at least some employees. Of course, this will mean (among other things) that...more

3/14/2016 - DOL FLSA Minimum Salary Non-Exempt Employees Popular Unpaid Overtime Wage and Hour White-Collar Exemptions

"It Must Be OK – Everybody Does It!"

It's time for a reminder: Long-held conventional wisdom that might be questionable or even mistaken under the federal Fair Labor Standards Act (or the analogous laws of other jurisdictions) continues to face unprecedented...more

3/3/2016 - Employer Liability Issues FLSA Wage and Hour

Exemption Regulations Update: Probable July Release

Reports are that U.S. Solicitor of Labor M. Patricia Smith said again today that the U.S. Labor Department's revised regulatory definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions will be...more

2/18/2016 - DOL Final Rules FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

House Members Oppose Exemption Changes

Some members of the U.S. House of Representatives have written to Labor Secretary Labor Tom Perez to express concerns about the U.S. Labor Department's proposed revisions in its regulatory definitions of the federal Fair...more

2/16/2016 - DOL FLSA Minimum Salary Minimum Wage Unpaid Overtime Wage and Hour White-Collar Exemptions

Paying "Current" Versus "In Arrears"

Some employers use the colloquialisms "current" and "in arrears" to describe the timing of employees' wage payments. Not surprisingly, many employees who are told they are paid "in arrears" rather than "current" react...more

2/12/2016 - FLSA Wage and Hour

2nd Circuit Amends Unpaid-Internship Opinion

Readers will recall that, last July, the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) adopted a "primary benefit" framework for determining whether a for-profit entity's...more

1/29/2016 - Corporate Counsel FLSA Fox Searchlight Pictures Internships Unpaid Interns Wage and Hour

What Is A "Percentage Bonus"?

Overtime wages for employees subject to the federal Fair Labor Standards Act's overtime requirement must be based upon the "regular rate" of pay. This is an hourly rate that is normally determined by dividing the total wages...more

1/12/2016 - Bonuses DOL FLSA Non-Exempt Employees Unpaid Overtime Wage and Hour White-Collar Exemptions

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