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Fluctuating Workweek Minimum Salary

Fox Rothschild LLP

The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For Employers

Fox Rothschild LLP on

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

Parker Poe Adams & Bernstein LLP

Acknowledgment of Salary Plan Constitutes Understanding of Fluctuating Workweek Pay

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

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

Jones Day

DOL Steadies Fluctuating Workweek Rule

Jones Day on

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

Epstein Becker & Green

U.S. Department of Labor Allows Employers to Give Bonuses and Other Extra Pay to Fluctuating Workweek Employees

Epstein Becker & Green on

For the second time this week, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has issued a Final Rule involving the overtime provisions of the Fair Labor Standards Act (the “FLSA”). ...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Disallows Blended Hourly Rate That Does Not Take Into Account Overtime Hours Worked

In some situations, developing a creative approach toward overtime pay can cost the employer more than if it had simply paid time and one-half overtime in the first place. On February 8, the Fourth Circuit Court of Appeals...more

Foley & Lardner LLP

The Fluctuating Workweek Approach to Compensation – It Could Save You Money!

Foley & Lardner LLP on

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 Shaw LLP

Think You Are Exempt? New FLSA Salary Thresholds Affect California Employers, Too.

Seyfarth Shaw LLP on

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

Foley & Lardner LLP

DOL’s Increased Salary Test: What Employers Need to Know

Foley & Lardner LLP on

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as...more

Spilman Thomas & Battle, PLLC

Department of Labor Makes Its Move

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

Bradley Arant Boult Cummings LLP

Salary and Duty Test Worries? Instead, Have It Your Way

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

Bradley Arant Boult Cummings LLP

Salary and Duty Test Worries? Maybe Try Something Else!

Do you have employees who are currently overtime exempt making under $50,000 per year, who play an important role in your organization, but you can’t justify paying a higher salary to avoid having them becoming nonexempt...more

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