join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Employee Volunteer Community Service: Compensable or Not?

Many employers provide employees with the opportunity to participate in community service projects during their off-duty time, like mentoring youth, cleaning waterways, painting and repairing shelters, and building affordable housing.

Third-Party Bonuses Are Not Necessarily “Remuneration” for Overtime Purposes, Third Circuit Holds

When an employer permits its employees to participate in a bonus program offered by the employer’s client, based on the work performed for that client, those bonuses do not always qualify as “remuneration for employment” that must be included in the employee’s “regular rate” for purposes of calculating overtime pay due under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Third Circuit has held. Secretary, U.S. Dep’t of Labor v. Bristol Excavating, Inc., 2019 U.S. App. LEXIS 24767 (3rd Cir. Aug. 20, 2019). In so concluding, the Third Circuit rejected the U.S. Department of Labor’s position that any remuneration received by an employee, whether received directly from the employer or a third party, is always “remuneration for employment.” Instead, the Court of Appeals held, that determination depends on the agreement made between the employer and the employee.

Day Rate Satisfies FLSA’s Highly Compensated Employee Salary Requirement, Fifth Circuit Rules

Paying an employee a day rate of $1,000 per day satisfies the salary basis test for purposes of the overtime exemption applicable to a “highly compensated employee” (HCE) under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Fifth Circuit has ruled (2-1). Faludi v. U.S. Shale Solutions, L.L.C., No. 17-20808 (Aug. 21, 2019).

Qdoba Restaurants Fined More Than $400K for Child Labor Violations

The Massachusetts attorney general has levied about $400,000 in penalties against the 22 corporate-owned Qdoba restaurants in the state for more than 1,000 child labor law violations. The fines followed more than a year of investigation that revealed minors routinely worked in violation of the law.

DOL Opinion Letter Applies the Highly Compensated Employee Exemption to Paralegals

Ultimately, the WHD concluded that the paralegals described in the July 2019 opinion letter qualified as exempt under the highly compensated employee exemption even if they did not exercise discretion and independent judgment with respect to matters of significance.

What the DOL Guidance on Nondiscretionary Bonuses Means for Nonexempt Employees

A common challenge for employers of hourly or nonexempt employees who receive quarterly or annual nondiscretionary bonuses is how to factor such bonuses into the employees’ regular rates of pay and calculate the appropriate overtime premiums due to those employees who work more than 40 hours in a workweek. In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-7, which discusses how employers may account for overtime pay as part of annual and quarterly nondiscretionary bonuses.

Payments From Third Parties Must Be Included in Overtime Only If Employee Agreed, 3rd Circuit Rules

Under the Fair Labor Standards Act (FLSA), the regular rate of pay on which overtime is based must include "all remuneration for employment" (with certain exceptions).

Day Rate Satisfies Salary Requirements for FLSA Overtime Exemptions, Says Fifth Circuit

In an important ruling that could have a big impact on oil and gas related industries in Louisiana, Mississippi and Texas, the U.S. Court of Appeals for the Fifth Circuit settled a crucial question on companies’ use of day rate compensation and overtime.

Fifth Circuit Confirms that a Day Rate Can Meet the Salary Requirements under the FLSA’s White Collar Overtime Exemptions

On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that may prove to be an important decision for companies that utilize day rate compensation.1 The decision settled two important issues, concluding that: (1) a guaranteed day rate that provides compensation exceeding $455 can meet the Fair Labor Standard Act (“FLSA”) salary requirements for the white collar overtime exemptions, and (2) the FLSA’s reasonable relationship test does not apply to the highly compensated exemption.

IRS Releases Second Drafts of Redesigned 2020 Form W-4 and Withholding Instructions

The Internal Revenue Service (IRS) has released second drafts of the completely redesigned and renamed 2020 Form W-4 and new Publication 15-T, Federal Income Tax Withholding Methods for use in 2020. The changes are being made to comply with the 2017 federal tax reform law, which suspended personal exemptions through 2025. Although the final form and publication will not be released until the fall, the IRS has instructed employers to begin reprogramming their payroll software based on the second drafts.
tempobet tipobet giriş