An employer may safely deduct PTO from a salaried employee without violating the FLSA or risking the employee's exempt status, according to a new ruling by the 3rd Circuit Court of Appeals.
Paying employees on a daily basis is incompatible with the overtime exemptions of the Fair Labor Standards Act (FLSA), even if it results in guaranteed weekly compensation well above the law's minimum, the Supreme Court ruled in Helix Energy Solutions Group, Inc. v. Hewitt.
The US Department of Labor (DOL) often misses its target dates, so another delay would not be unusual. Conversely, there is nothing stopping the agency from issuing new rules before May, either.
The US Department of Labor (DOL) will soon propose a new regulation that would apply a version of the decades-old "economic realities test" as its standard for determining whether a worker is an independent contractor under the Fair Labor Standards Act (FLSA).
The new Fair Labor Standards Act (FLSA) rules are expected to raise the minimum salary for most overtime-exempt employees and possibly update the duties tests as well.
The Biden administration wants to go back to the drawing board after a federal judge reinstated the Trump administration's independent contractor rule earlier this spring.
A federal court has reinstated the Trump administration's independent contractor rule, which had been withdrawn last year by the Biden administration.
The DOL has announced an initiative to enforce warehouse and logistic workers' wages and workplace rights. The agency also will use education and outreach to increase compliance and reduce industry violations.
The DOL said the $7.2 million judgment sends an "unequivocal message" to employers that it will pursue all available remedies when it finds an employer has willfully violated federal employment laws.
The Protect App-Based Drivers and Services Act allows gig economy companies like Uber, Lyft and DoorDash to classify their drivers as independent contractors under certain conditions.
News: HR guidance on complying with the FLSA and state employee classification requirements.
XpertHR® is part of the LexisNexis® Risk Solutions portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Copyright © 2023 LexisNexis Risk Solutions
© 2023 LexisNexis Risk Solutions Group.