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What Activities Do You "Pay For"?

ABC Corporation sometimes conducts in-house, during-the-workday, performance-improvement training for its employees. Its Policy Manual includes a sentence saying, "The Company pays for the time employees spend in work-related training."

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail workers. Under the exemption at issue, an employee must work at an establishment “recognized as retail." In 1970, the DOL created a list of industries—including travel agents—that were expressly excluded from using this retail service establishment exemption. The Travel Agent Retail Fairness Act (H.R. 2515) would strike travel agencies from this regulatory list.

IRS Provides Guidance to Employers Using Payroll Service Providers

These days, the majority of mid-to-large employers use payroll service providers for ease of payroll recordkeeping and administration. These third party providers help ease the burden of calculating taxes and withholding, and filing timely returns with state and federal administrative agencies. But while they are increasingly relying on third parties, employers ultimately are responsible for the payment of income tax withheld and the employer and employee portions of Social Security and Medicare taxes, notwithstanding third party negligence or even malfeasance.

Reminder for Seasonal Recreational Facility Employers as Summertime Approaches: Minimum wage, overtime are not always part of equation

With graduation season upon us and temperatures warming up, it is only a matter of time before amusement and theme parks, beaches, and pools see an influx of visitors as families begin their summer vacations. Many of these facilities employ more employees during the summer due to the need for additional help during vacation months, and under the Fair Labor Standards Act (“FLSA”), these employers may be exempt from paying employees minimum wage and overtime if they meet certain requirements to be considered an “amusement or recreational establishment.”

Public Employers Beware: SCOTUS Refuses to Review City Employee Overtime Appeal

On May 15, 2017, the Supreme Court of the United States rejected the City of San Gabriel, California’s attempt to overturn the Ninth Circuit Court of Appeal’s expansive interpretation of what employers must include as “wages” when establishing the regular rate of pay to calculate overtime under the Fair Labor Standards Act (FLSA). The Third, Sixth, and Tenth Circuits all previously narrowly construed Section 207(e)(2) of the FLSA, which allows employers to make certain exclusions from the “regular rate” of pay, thereby taking those amounts out of the calculation for overtime pay.

Restaurants: Do your employees know that you take the tip credit?

In 2011, the U.S. DOL published a regulation mandating that restaurants who count tips toward the minimum wage as permitted under the Fair Labor Standards Act have to notify employees that they are taking the credit. (See U.S. DOL Fact Sheet #15 for more information on the current requirement.) Last week, a federal district court in Pennsylvania ruled that a former bartender at Cadillac Ranch All American Bar & Grill could move forward with a hybrid state law / FLSA class/collective action, alleging that the restaurant chain violated the DOL’s notice regulation by failing to tell tipped workers that their wages would be calculated using the tip credit.

The "Opportunity Wage" Exception For Younger Workers

Summer's approach has sparked renewed interest in the federal Fair Labor Standards Act's provision authorizing a less-than-$7.25 wage rate for certain younger employees in particular circumstances.

Is Comp Time on its Way? The Working Families Flexibility Act Passes the House

On May 2, 2017, the U.S. House of Representatives passed H.R. 1180, the Working Families Flexibility Act of 2017. Commonly referred to as the “comp time” bill, H.R. 1180 would amend the Fair Labor Standards Act to allow employees to choose paid time off or “comp time” instead of cash wages as compensation for working overtime hours. Among other provisions, the bill sets forth parameters on how much paid time off employees can accrue and how and when employees can cash out their banked time as cash wages.

Bill Allowing Private Employers to Offer Comp Time Approved by House, Heads to Senate

Private-sector employers soon may be able to grant compensatory time in lieu of overtime pay to employees.

Private-Sector Comp Time Bill Passes House

The US House of Representatives has passed a bill that would amend the Fair Labor Standards Act (FLSA) to allow private-sector employers to offer compensatory time off instead of cash for overtime hours.