Overtime

The new DOL overtime rules are here. You’ve got HR questions? I have answers!

May 18, 2016 | by Eric B. Meyer

Last night, the U.S. Department of Labor published its final rule updating the Fair Labor Standards Act overtime regulations. Unless you’ve been living under a rock, if you dabble in human resources, you’ve heard a thing or two about these changes, which the White House has touted as automatically extending overtime pay protections to over 4 million workers within the first year.

What are the changes and how will they impact your workplace?

Will the salary level for the new DOL overtime rules be less than the currently-proposed $50,440?

April 29, 2016 | by Eric B. Meyer

Sounds like it.

If this FLSA mess doesn’t have you calling your employment lawyer, not sure what will.

April 20, 2016 | by Eric B. Meyer

The U.S. Department of Labor announced on Monday that “a human resources outsource provider will pay $1 million in back overtime wages and damages combined to hundreds of employees after a U.S. Department of Labor investigation that found widespread Fair Labor Standards Act violations.”

So what did a human resources provider do wrong?

The DOL overtime rules changes go to final review. But, when might they take effect?

March 16, 2016 | by Eric B. Meyer

I know when the new Department of Labor overtime rules are going to take effect.

Well, I think I know…

Over 100 members of Congress want the DOL to deep six the proposed overtime-rule changes

February 11, 2016 | by Eric B. Meyer

On February 9, over 100 members of Congress signed this letter to Secretary of Labor Thomas E. Perez to voice their opposition to the new proposed overtime rules, which could go into effect in July. I only have an electronic version of the letter. But, it looks like it was signed in high-quality ink, and printed on really nice bonded letterhead. Except, you know that “not worth the paper it’s printed on” expression…

See no overtime, hear no overtime, pay no overtime

January 28, 2016 | by Eric B. Meyer

Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair Labor Standards Act requires that you pay that employee overtime. (However, you can discipline that employee for violating your work rules).

But what happens if that same employee works overtime without prior permission and fails to report those hours. Must you still pay that employee overtime?

Five employment cases blowing up my DropBox and Pocket

January 7, 2016 | by Eric B. Meyer

You know, being a client of the Blogger King has its perks. (That’s me. I’m the Blogger King). When I’m not litigating and counseling on employment-related issues, I’m taking blog post requests and emailing weekly updates of HR goodies that don’t make it onto the blog.

But, with my DropBox and Pocket chock full of recent cases, I’ll summarize the recent biggies.

How you know when to pay employees on meal breaks

November 30, 2015 | by Eric B. Meyer

How was your Thanksgiving? Survive Black Friday? (In case you’re wondering about a gift for me, no. Yes. Heck, yes (asking for a friend)).

Me? I almost left my kids on the North Pole as I counted the minutes until Monday. But, overall, I enjoyed a few days off.

Now, it’s back to work. *** Sips mai tai *** So, let’s talk about the Fair Labor Standards Act. As wage and hour claims generally continue to spike, I’m going to get into the weeds a bit and talk about meal breaks. Specifically, when do non-exempt employees get paid for meal breaks?

The DOL may be slowing its roll on the new OT rules. But, you should act now.

November 17, 2015 | by Eric B. Meyer

Yesterday, I snuck this little doozie onto The Employer Handbook Facebook Fan Page.

Are paralegals entitled to overtime under the FLSA? Probably.

October 26, 2015 | by Eric B. Meyer

Last Friday, I had the honor and privilege of presenting at the Philadelphia Association of Paralegals’ Education Conference. The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment-law issues that the audience may encounter for themselvesat work.

We explored discrimination, disability accommodations, family and medical leave. And then we got to the Fair Labor Standards Act.