#WorkforceWednesday: Office Building Guidance, OSHA Steps Up, “Fluctuating Workweek” Rule - Employment Law This Week®
II-30- Tackling 3 Big Wage and Hour Questions for Employers
I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower the overtime costs if that person works overtime. ...more
The U.S. Supreme Court recently ruled that a worker who earned more than $200,000 still had to be paid the overtime rate for hours worked over 40 in a workweek. As more fully explained in the recent article by my colleague...more
The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more
Many employers faced with large potential overtime costs elect to implement the fluctuating workweek pay plan for non-exempt workers. Under Department of Labor regulations, employers can pay a guaranteed salary for all hours...more
Second of two on the FLSA. NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more
Bucking the standard that has existed under federal law and in most states for decades, tipped employees in Pennsylvania soon will have to earn more than four times as much in tips before their employers may take a tip credit...more
The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more
Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more
In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more
By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued four opinion letters addressing various exemption and compensation requirements under the Fair Labor Standards Act (FLSA), including standards for...more
The fluctuating workweek (FWW) pay plan remains a popular way for employers to manage overtime costs. Under the FWW, non-exempt employees are paid a guaranteed salary for all hours worked in a given week....more
On August 31, 2020, the U.S. Department of Labor issued a new opinion letter shedding light on the application of the fluctuating workweek method for paying overtime wages required under the Fair Labor Standards Act (FLSA)...more
In an opinion letter issued on August 31, 2020, the U.S. Department of Labor restated its position that an employee’s hours need not fluctuate above and below 40 hours to qualify for the fluctuating workweek (“FWW”) method of...more
On August 31, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released opinion letter FLSA2020-14. The opinion letter explains that an employee’s hours do not need to fluctuate below 40 hours per week...more
The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter yesterday addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below...more
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more
The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) issued an opinion letter on August 31, 2020 addressing whether the fluctuating workweek method of compensation may be used when an employee’s weekly hours...more
Continuing the practice it reinstituted during the current administration, on August 31, 2020 the U.S. Department of Labor’s (DOL) Wage Hour Division (WHD) issued four new Opinion Letters, addressing a variety of topics. That...more
A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA. The Department of Labor's Final Rule, which took...more
The U.S. Department of Labor’s final regulations addressing the FLSA’s fluctuating workweek (FWW) method reminded us that (1) legal principles control and (2) illustrative examples merely demonstrate application. The agency...more
The Department of Labor (DOL) and courts across the country were busy in the first half of 2020 providing guidance and opinions addressing the Fair Labor Standards Act (FLSA). Here are some of the highlights...more
Concluding that the company properly used the fluctuating workweek (FWW) pay method, the Second Circuit Court of Appeals has affirmed summary judgment in favor of retailer Bed Bath & Beyond in a Fair Labor Standards Act...more
The DFEH Finally Publishes its Free Sexual Harassment Training Materials for Non-Supervisory Employees - As we first discussed in a client alert in late 2018, California passed legislation for 2019 requiring that all...more
On June 8, the U.S. Department of Labor issued its final rule to provide some clarity for employers seeking to use the fluctuating workweek method of computing overtime compensation under the Fair Labor Standards Act. The...more