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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts tagged Employer Policies.

To be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), an employee must perform certain duties and be paid on a “salary basis,” meaning that the employee receives a set salary each week, regardless of the number of days or hours worked, with limited exceptions. Under the FLSA, an employer may deduct from the pay of an exempt employee only under the following circumstances:

  • No work: When an exempt employee performs no work for an entire workweek, the employer is not required to pay the employee’s salary for that week.

The U.S. Department of Labor (DOL) issued an opinion letter on March 15, 2019 that answered the question of “whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or expand their FMLA leave beyond the statutory 12-week entitlement.” The DOL’s answer in short: No way.

On March 7, 2019, the U.S. Department of Labor (DOL) issued proposed rules that would update the salary threshold for the Fair Labor Standard Act’s (FLSA) so-called “white collar” or “EAP” exemptions from overtime. The importance of this issue for employers is tied to the fact that an employee must be paid on a salary basis at or above the DOL’s specified minimum weekly salary level in order to be exempt from the FLSA’s overtime pay requirements.  

What Changes

Currently, employees paid a weekly salary below $455 per week ($23,660 per year) are deemed non-exempt and must be paid overtime for all hours worked over 40 per week.

The partial federal government shutdown appears likely to continue into a second week, with no agreement on funding for the Department of Homeland Security, State Department, Justice Department and Interior Department, among other federal departments and agencies. For a second time this year, government contractors face the challenge of complying with a complex set of federal and state employment laws, while their federal contract work and workers remain idle. This article briefly identifies some of the issues affecting government contractors during the shutdown and provides guidance on how to navigate the issues.

Selection Sunday has passed, the brackets are set and employers across the US find themselves once again on the eve of March Madness. Businesses are faced with the issue of whether to embrace the “madness” or to strictly enforce office policies, which likely prohibit distractions such as streaming basketball games and participating in bracket pools. While numerous studies indicate that employee productivity is at record lows this Thursday & Friday, there are great benefits to be had if handled correctly.