William Pokorny

William Pokorny

Franczek Radelet P.C.

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What Bonuses and Incentive Payments Count As "Discretionary" Under The New Exemption Rules?

One of the more surprising changes in the new FLSA overtime exemption rules is a provision allowing  certain bonuses, commissions, and incentive pay to count for up to 10% of the new increased minimum salary level. However,...more

5/27/2016 - Bonuses DOL Exempt-Employees Final Rules FLSA Incentive Compensation Minimum Salary Over-Time Sales Commissions Wage and Hour White-Collar Exemptions

Thoughts On Payroll By Exception and Weekly Time Sheets

In a recent blog post, Wage and Hour Administrator David Weil tries to underplay employer concerns about the new overtime exemption rules, including worries about the difficulty of tracking time for employees who are not used...more

5/25/2016 - DOL Employment Policies FLSA Rounding Time Cards Wage and Hour White-Collar Exemptions

Paying a Fixed Salary for a Fluctuating Workweek - Or, How To Pay Half-Time Overtime

The impending increase in the minimum salary for the executive, administrative and professional exemptions under the FLSA has many employers looking for ways to manage overtime costs for newly-reclassified employees. As part...more

5/20/2016 - DOL Employer Liability Issues Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions Work Schedules

New Rules Announced: $47,476 Minimum Salary, Effective 12/1/2016

This week, the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released. We are still digesting 500-plus...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

New Rules Announced: $47,476 Minimum Salary, Effective 12/1/2016

Late yesterday the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released this morning. We are still...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Details of New Overtime Exemption Rules Begin To Emerge

Bloomberg BNA is reporting that according to a “source familiar with the situation,” the DOL’s new overtime exemption rules will take effect on December 1. The new minimum salary for exempt executive, administrative and...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

New FLSA Exemption Rules Coming Wednesday May 18 (so they say)

Rumors abound this afternoon that the DOL will release its new overtime exemption rules this Wednesday, May 18, in coordination with an event in Ohio attended by VP Joe Biden and Labor Secretary Thomas Perez. What will the...more

5/17/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

Can We Have Both Exempt and Non-Exempt Employees With The Same Job Title?

As employers try to figure out how to cope with the coming increase in the minimum salary for the executive, administrative and professional employees, some find themselves with job classifications where the salary scale...more

5/11/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

Will The New Minimum Salary Be Pro-Rated for Part-Time Exempt Employees?

No. I’ve received this question from several blog readers and clients recently, and on its face it makes some sense. After all, you don’t pay full salary to someone who is only working for you part-time, so it only makes...more

5/10/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Part-Time Employees Wage and Hour White-Collar Exemptions

New Salary Threshold May Be About $47,000

According to a report from Bloomberg BNA, unnamed DOL staffers have stated that the salary threshold in the hotly anticipated FLSA exemption rules will be about $47,000 per year, down slightly from the $50,440 level suggested...more

5/3/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Have You Trained Your Supervisors on Wage & Hour Compliance?

When sexual harassment lawsuits started becoming a major liability issue for employers, many employers sensibly responded by requiring their supervisory employees to go through mandatory anti-harassment training. There is at...more

3/28/2016 - Anti-Harassment Policies EEOC Employment Policies Minimum Wage Sexual Harassment

DOL OT Exemption Rules DOA? Federal Wage Theft Legislation? Probably Not ...

In a move that should surprise precisely no one who has been paying attention to current U.S. politics, GOP lawmakers in the U.S. House and Senate introduced legislation to block the U.S. DOL’s anticipated overtime exemption...more

3/21/2016 - DOL Final Rules FLSA Minimum Salary OMB Over-Time Proposed Legislation Wage and Hour Wage Theft White-Collar Exemptions

Unreported Working Lunches May Still Be Work Time

Back in December, we wrote about a case involving the Chicago Police Department, in which officers alleged that they were owed additional overtime for time spent responding to calls and messages on their Blackberry devices,...more

3/7/2016 - Corporate Counsel Department of Corrections Employee Benefits FMLA Policies and Procedures Rest and Meal Break Wage and Hour

New FLSA Exemption Rules - Coming In July?

Over the last few months we've been asked on an almost daily basis when the DOL will be publishing its hotly anticipated white collar exemption rules. The short answer is still, we don't know. A few months ago, the word was...more

2/1/2016 - DOL FLSA Minimum Salary Public Comment Unpaid Overtime Wage and Hour White-Collar Exemptions

Involved In Multiple Businesses? You Might Be a Joint Employer!

In our previous post about the DOL's new Administrator's Interpretation ("AI") on joint employment under the FLSA, we focused on "vertical" joint employment. That's the variety of joint employment that exists when there is...more

2/1/2016 - DOL FLSA Joint Employers Staffing Agencies Wage and Hour

Think Using a Temp Firm Solves Your FLSA Compliance Problems? Think Again, Says the DOL

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor issued a new Administrator's Interpretation ("AI") on the issue of joint employment under the FLSA. What is joint employment? The FLSA generally...more

1/25/2016 - DOL FLSA Joint Employers Staffing Agencies Wage and Hour

Supreme Court to Reexamine Service Advisor Exemption

Last October, we reported on a petition by an auto dealership asking the U.S. Supreme Court to overturn a ruling by the 9th Circuit Court of Appeals holding that the dealership's service advisors did not qualify for the...more

1/18/2016 - Car Dealerships Class Certification FLSA SCOTUS Service Advisors Tyson Foods v Bouaphakeo Wage and Hour

Small Business: Record Your Employees' Time!

Over the years I've had the opportunity to represent and advise a number of small businesses on wage and hour issues. Small businesses are understandably reticent to spend money on legal fees, so my first contact with many of...more

1/13/2016 - Burden of Proof FLSA Recordkeeping Requirements Small Business Wage and Hour

Serial Accommodation Lawsuits Against Restaurants

Earlier this year, we reported on a spike in the number of ADA public accommodation lawsuits being filed against businesses in Illinois. (FR Alert: Wave of ADA Public Accommodation Lawsuits Continues to Spread, Hits...more

1/11/2016 - ADA Disability Public Accommodation Restaurant Industry Retailers

DIRECTV v. Imburgia

Last week, in DIRECTV v. Imburgia, the United States Supreme Court issued a decision once again re-affirming the strong federal policy in favor of arbitration. At issue in this case was a service agreement entered into...more

12/28/2015 - Arbitration Agreements Class Action Arbitration Waivers DirecTV v Imburgia Federal Arbitration Act Preemption SCOTUS Unconscionable Contracts

City Not Liable For Chicago Police Officers' Blackberry Work Time

If a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed...more

12/21/2015 - Compensation Standards Email FLSA Mobile Devices Non-Exempt Employees Unpaid Overtime Wage and Hour

New Exemption Rules May Be Delayed To Late 2016

Waiting is the hardest part. Ever since the Department of Labor issued its proposal to substantially increase the minimum salary level needed to classify an employee as an exempt executive, administrative or...more

11/20/2015 - Compliance DOL Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Do we have to keep track of exempt employee time? [Wage & Hour FAQ]

Q. We keep track of work hours for non-exempt employees using an electronic timekeeping system. For our exempt employees, we really have no records of how many hours they are working each day or week. Are we required to? Even...more

10/16/2015 - FLSA Non-Exempt Employees Timekeeping Wage and Hour

What is the Cost of a Free Lunch? [Wage & Hour FAQ]

Q. We offer free lunches to our food service employees. Can we count the cost of these lunches as part of our employees' compensation? A. The short answer is yes, but as we all know, there's no such thing as a free...more

10/1/2015 - DOL FLSA Minimum Wage Unpaid Overtime Wage and Hour Wage Deductions

Many Home Companionship Workers No Longer Exempt

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

9/24/2015 - Appeals Companionship Exemptions DOL Domestic Workers Exempt-Employees FLSA Healthcare Home Health Care Home Healthcare Workers Minimum Wage Misclassification Unpaid Overtime Wage and Hour

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