DOL poised to release new overtime final rule

May 17, 2016 0 COMMENTS

The long-awaited final rule making millions more employees eligible to earn overtime pay is likely to be released on May 18, and if its contents match recent reports, employers and employees alike are in for big changes.

The Politico news organization reports that Vice President Joe Biden, Labor Secretary Tom Perez, and Ohio Senator Sherrod Brown will announce the rule at an event in Columbus, Ohio, on May 18. The report says the rule places the minimum salary for an employee to maintain exempt status at $47,500, up from the current rule’s floor of $455 a week ($23,660 a year).

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New FLSA overtime rule a step closer to reality

March 16, 2016 0 COMMENTS

The U.S. Department of Labor’s (DOL) proposed rule greatly expanding the number of workers eligible for overtime pay has been submitted to the Office of Management and Budget (OMB) for review, a necessary step before the rule can be finalized.

The new rule is expected to make nearly five million workers lose their exempt status under the Fair Labor Standards Act (FLSA), according to the DOL, meaning they would be eligible for overtime pay at no less than 1½ times their normal rate of pay for all hours worked over 40 in a workweek.

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New joint-employer guidance puts employers ‘on notice’

January 25, 2016 0 COMMENTS

The U.S. Department of Labor’s (DOL) new guidance on joint employment means employers must think ahead when they find themselves in relationships that may fit the definition of “joint employment.”  DOL_logo

In a January 20 post on his blog, David Weil, administrator of the DOL’s Wage and Hour Division (WHD), announced new guidance related to joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act. Weil said the laws share the same definition of “employment,” which was written “to have as broad an application as possible.”

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Enforcement of DOL home healthcare rule starts November 12

November 10, 2015 0 COMMENTS

by Judith E. Kramer

November 12 marks the date the U.S. Department of Labor (DOL) will begin enforcing regulations extending the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) to almost two million home healthcare workers who are employed by third parties and provide either companionship services or live-in care for the elderly, ill, or disabled.

The DOL issued the regulations on October 1, 2013, but a federal district court held them invalid. Then the U.S. Court of Appeals for the District of Columbia Circuit disagreed, holding on August 21, 2015, that they are a reasonable interpretation of the FLSA.

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Appeals court revives new homecare worker rules on minimum wage, overtime

August 25, 2015 0 COMMENTS

A new rule from the U.S. Department of Labor (DOL) requiring minimum wage and overtime pay for many homecare workers is set to take effect after a ruling from the U.S. Court of Appeals for the District of Columbia Circuit.

The DOL instituted a rule in 2013 that removed the domestic service exemption for homecare workers hired by third-party agencies. Previously, workers providing companionship or live-in care for the elderly and disabled were exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) even if they were employed by a third party.

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Time running out to make comments on proposed overtime rule

August 03, 2015 0 COMMENTS

Employers wishing to make their views known on a proposed rule aimed at making nearly five million more workers exempt from the Fair Labor Standards Act (FLSA) and therefore eligible for overtime pay have through September 4 to submit comments.

The U.S. Department of Labor (DOL) released a proposed rule on July 6 that would guarantee overtime pay to most salaried white-collar workers earning less than an estimated $970 a week ($50,440 a year) in 2016. Currently, the salary threshold for an employee to be exempt from the FLSA is $455 a week ($23,660 a year). The salary threshold was last revised in 2004.

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New guidance signals tougher stance on independent contractor classification

July 15, 2015 0 COMMENTS

A new interpretation of language in the federal Fair Labor Standards Act (FLSA) is the latest effort in the government’s fight against what it sees as troubling misclassification of employees as independent contractors.

On July 15, David Weil, administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), released Administrator’s Interpretation 2015-1 to analyze how the FLSA determines whether an individual should be classified as an employee or an independent contractor.

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DOL’s proposed rules to swell ranks of overtime-eligible employees

June 30, 2015 1 COMMENTS

The U.S. Department of Labor’s (DOL) release of new proposed rules regulating who is eligible for overtime pay has employers scrambling to determine how many of their workers will need to be reclassified when new regulations take effect.

Currently, the salary threshold for an employee to be exempt from the Fair Labor Standards Act (FLSA) is $455 a week ($23,660 a year). That figure was last revised in 2004. The new proposed rule puts the floor at an estimated $970 a week ($50,440 a year) for 2016.

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Proposed FLSA overtime regs go to OMB for review

May 06, 2015 0 COMMENTS

by Susan Prince

The U.S. Department of Labor (DOL) has submitted proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations to the Office of Management and Budget (OMB) for review. The new regulations will increase the number of employees nationwide who qualify for overtime. Employers, get ready because the changes will likely have a substantial effect on your workforce. Many employees who qualify for an exemption from overtime right now will be entitled to overtime once the regulatory changes are finalized.

How we got here

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Proposed West Virginia regulations spell change to wage and hour landscape

December 15, 2014 0 COMMENTS

by Rodney Bean

The West Virginia Division of Labor (DOL) has proposed emergency regulations that, if enforced in their present form, could force West Virginia employers to change by December 31 a number of common wage and hour practices that comply with long-standing federal regulations.

Although the state DOL’s emergency rules purport to adopt vast portions of federal Fair Labor Standards Act (FLSA) regulations, they simultaneously impose several new rules that contradict or otherwise differ from those same federal regulations, particularly as they relate to the determination of what constitutes compensable working time.

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