Tag: overtime

Cracking the Code: Adding Bonuses to FLSA Overtime Calculations

The Fair Labor Standards Act (FLSA) requires employers to pay overtime to nonexempt employees based on their regular pay rate and the number of hours worked in a workweek. While this sounds straightforward on paper, employers commonly fail to realize that nondiscretionary bonus payments must be included in calculating the regular pay rate and, ultimately, […]

Guaranteed OT Pay: Employers Urged to be Ready as New Overtime Final Rule Approaches

Employer interests are sounding off against the U.S. Department of Labor’s (DOL) proposal for a dramatic increase in the overtime threshold, but employers are still advised to take a close look at their exempt workforce to make sure their status is justified. The DOL released its long-awaited proposed rule on August 30. If finalized, the […]

Wage and Hour Law: Designed for the 1920s, Applied in the 21st Century

The fundamental premise of the Fair Labor Standards Act (FLSA) is that all employees are covered by its base requirements. This includes being paid minimum wage for every hour worked and time and one-half for all overtime. The FLSA is a statute of inclusion, which means all employees are covered unless they fit within specific, […]

Case Study: Making Peace with Piece-Rate Pay

When determining how to compensate nonexempt employees, employers have a variety of options. Paying an hourly rate is certainly the most common, but other methods include salary, commissions, daily rates, and piece-rate pay (sometimes referred to as piece work). Piece-rate pay refers to a system in which employees are paid a fixed amount per item […]

Case Study: DOL Dings Asheville Company for Overtime Pay Violation

A common question from employers is whether they can use a “comp-time” system instead of making monetary overtime payments. The answer (unless you are a public-sector employer) is almost always “no.” A company in Asheville found that out the hard way when it was investigated by the U.S. Department of Labor (DOL) for alleged failure […]

Employees Say They Should Be Paid for Computer Boot Up and Shutdown Time

Ever heard of a “soft phone?” It allows phone calls to be received through a computer. There’s no additional hardware, other than the computer running the program, needed to accept a call. Call centers use this technology. Just one question: Should an employer pay its employees for the time it takes to boot up their […]

No Favorable Treatment of ‘Similarly Situated’ Individuals Dooms Gender Discrimination Claim

Title VII of the Civil Rights Act of 1964 forbids discrimination based on certain protected categories (e.g., gender) in any aspect of employment. Discrimination can present itself in the form of “hostile work environment,” “disparate treatment,” or the “disparate impact” of a particular employment practice. Disparate treatment cases involve claims in which an employee alleges […]

DOL Actions Highlight 3 Crucial Child Labor Protections Categories

With labor shortages leaving fast food and other minimum-wage work environments short-staffed, many businesses are relying on teenage employees to fill the void. But employers must be aware of applicable child labor laws, which aim to protect minors’ health and safety and to avoid interfering with their education. Employers should keep in mind three major […]

Ask the Expert: Can Employees Be Mandated to Work Overtime?

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding an employer’s ability to require workers to work overtime. Let’s hear what our team of HR experts have to say! Q: Can employees be mandated to […]