News & Analysis as of

White-Collar Exemptions Fluctuating Workweek

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

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (overtime)

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

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (COVID-19 Catch-Up / Mid-Year Rate Edition)

Littler on

For the past few months, we have been keeping a very safe distance from each other: thousands of miles. However, as more businesses reopen across the country, we realize it is time to come together (virtually) to discuss an...more

Akerman LLP - HR Defense

DOL Changes Rules for Fluctuating Workweek and Retail Establishments

Employers who use the fluctuating workweek method of compensating employees and those who rely on the retail establishment exemption from overtime are both in for some changes. Recently the Department of Labor (DOL) passed...more

Littler

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

Littler on

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

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

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (November Edition)

Littler on

Turkeys weren't the only things stuffed in November – there was a gut-busting amount of late-year legislative, regulatory and case law developments at the federal, state, and local levels concerning the minimum wage, tips,...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Ballard Spahr LLP

Fluctuating Workweek in Flux

Ballard Spahr LLP on

The fluctuating workweek (FWW) pay method allows employers to pay salaried, nonexempt employees a fixed salary, regardless of the number of hours worked per week. Under the FWW method, employees who work more than 40-hours...more

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

DOL’s WHD Regulatory Reforms in the Home Stretch

If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a...more

Cozen O'Connor

II-30- Tackling 3 Big Wage and Hour Questions for Employers

Cozen O'Connor on

Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

Fisher Phillips

How Is 2017 Like 1947?

Fisher Phillips on

Once upon a time, a seriously-alarmed legislature grew concerned that wage-hour claims and litigation had gotten out-of-hand. A series of court decisions had, among other things, broadly expanded the scope of what counted...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

Seyfarth Shaw LLP

The DOL’s New Proposed Overtime Rules and Part-Time White Collar Employees: Can the Fluctuating Workweek Method Solve the Problem?

Seyfarth Shaw LLP on

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

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