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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 "Fair Labor Standards Act".
DOL Final Rule: Employers Can Pay Bonuses and Premium Pay Under FLSA Fluctuating Workweek Compensation

On May 20, 2020, the U.S. Department of Labor (DOL) announced a new final rule clarifying that employers are permitted to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. Such bonus or premium pay, on top of the fixed salary paid to an employee, are compatible with the use of the so-called “fluctuating workweek” method of compensation under the Fair Labor Standards Act (FLSA). The DOL issued the final rule to highlight the flexibility that employers have to provide bonuses or other forms of additional compensation under the fluctuating work method of compensation and to clear up the differing judicial opinions that have resulted from the DOL’s past guidance. 

COVID-19 FAQS for Employers

As most everyone in the world by now is aware, the Coronavirus Disease 2019 (COVID-19) pandemic is sweeping the United States and rocking the economy. The federal government and nearly all 50 states have declared states of emergency. Many schools and businesses are closed or operating remotely. The pandemic creates unique issues for employers and employees alike. The following FAQs focus on the legal obligations of employers related to COVID-19.

When Can an Employer Deduct from the Pay of an Exempt (Salaried) Employee?

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.
5 Takeaways from DOL’s Proposal to Change FLSA Overtime Rules

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.

Liability PhotoThe Fair Labor Standards Act (FLSA) establishes requirements regarding the compensation of employees working in the private sector and in federal, state and local government positions. To protect employees, the FLSA prohibits retaliation by employers against employees who complain that their rights have been violated. 

In the past, the FLSA anti-retaliation provision has applied to cases where an employee was fired or discriminated against after filing a formal complaint with a governmental agency, resulting in the commencement of formal proceedings against the employer.  Recently, the U.S. Court of Appeals for the Fourth Circuit found that the anti-retaliation protections could also apply to informal “intra-company” complaints made by an employee.