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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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 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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Supreme Court favors employer in donning, doffing case

January 29, 2014 0 COMMENTS

The U.S. Supreme Court has ruled in favor of the employer in a closely watched donning and doffing case.

The high court ruled on January 27 that U.S. Steel Corp. did not have to pay a group of employees for time spent changing into and out of certain protective gear. In Sandifer v. U.S. Steel Corp., workers sued to be paid for time spent donning and doffing the gear even though the Fair Labor Standards Act (FLSA) says that time spent “changing clothes” at the beginning or end of each workday can be excluded from compensable time unless otherwise negotiated in a collective bargaining agreement.

The workers filing the lawsuit claimed the gear was personal protective equipment rather than clothing. But the Supreme Court ruled that the gear in question could largely be considered clothing, and therefore, they didn’t have to be paid for time spent putting it on and taking it off.

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New Hawaii law imposes new pay stub, record-keeping requirements

December 11, 2013 0 COMMENTS

by Paul Saito

A new law designed to help the state quickly determine whether employers are paying workers properly goes into effect January 1.

Under the new law, Hawaii employers will be required to provide employees with additional information on all pay stubs and payroll records and maintain payroll records on company premises.

During each pay period, Hawaii employers are required to provide nonexempt employees a pay stub, in either written or electronic form, that explains the hours worked and the gross and net amount of their pay. Beginning January 1, pay stubs must contain the following information: read more…