#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 read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up the very misunderstood issue of what...more
The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal...more
On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
Seyfarth Synopsis: More than a decade after it was originally proposed, the U.S. Department of Labor’s Wage & Hour Division has finally promulgated a new rule concerning the fluctuating workweek (FWW) method of computing...more
First Up: DOL Expands Overtime Exemption for Commission-based Retail and Service Workers - We all know that retail has been hit hard by the pandemic. When retail employees paid on a commission basis do go back to work, fewer...more
The US Department of Labor (DOL) has issued a proposed amendment to the regulation governing the fluctuating workweek (29 CFR 778.114). The fluctuating workweek can be used to calculate overtime for an employee whose hours...more
Last Monday, the U.S. Department of Labor’s Wage and Hour Division issued proposed regulations that would clarify employers’ use of incentive pay under the fluctuating workweek (FWW) pay method. FWW is an alternative pay plan...more
The Labor Department is busy. Yes, that is a stand-alone paragraph. The Notice of Proposed Rulemaking for the “Overtime Rule” was published on March 22, 2019, followed shortly thereafter by proposals regarding regular rate...more
The allure of doing business in California is undeniable. It is the world’s sixth largest economy and a market of more than 36 million people. For employers, however, California presents unique challenges because its...more
Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more
Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more
With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating...more
Seyfarth Synopsis: Changes to the FLSA regulations increasing the minimum weekly salary for exempt employees will impact California employees who currently are being paid less than $47,476 per year. Wise employers will start...more
With just more than a year left in this administration, the U.S. Department of Labor (“DOL” or “Department”) has rolled out two major initiatives that promise to keep employers busy ensuring they are in compliance. First, in...more
The U.S. Department of Labor (DOL) recently published proposed rules increasing the salary to be overtime-exempt to an estimated $50,440 per year as of January 2016. There will likely be an automatic annual salary escalator...more
The big questions often have surprisingly simple solutions, staring right back at us: - If a tree falls in the forest, and no one hears it, does it make a sound? Sound exists as a mechanical wave of pressure,...more
Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more
If you have been anywhere near a TV or radio over the past few months, you have probably seen or heard the ads for Hotels.com featuring Captain Obvious. If you’re from the Midwest, and Indiana in particular, it has probably...more
True story: the other day I was speaking with a friend in the HR realm and I asked him whether he was familiar with the fluctuating workweek. He jokingly answered: “does that have anything to do with my weight gain during the...more