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Minimum Wage, Tipped and Exempt Employee Pay in 2020: A Rates-Only Update

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that details scheduled state- and local-level wage increases throughout 2020 so employers can determine the minimum amount they must pay non-exempt, tipped, and certain exempt employees.

It’s T-Minus Seven Weeks Until the New Overtime Rule: Are You Ready?

The holiday season is always a busy time, but this year will prove busier than usual for any employers that haven’t already finished preparing for the new overtime rules that kick in January 1 – just seven weeks from now.

"Better Ingredients, Better Pay?" – Federal Court Provides Guidance on FLSA Compliance and Reimbursement of Expenses for Pizza Delivery Drivers

Executive Summary: On November 5, 2019, a federal district court in Ohio issued a decision clarifying the law governing whether owners of 73 Papa John’s franchised locations violated the Fair Labor Standards Act (FLSA) by failing to adequately reimburse their delivery drivers for expenses incurred in using their own vehicles to complete deliveries. In deferring to the Department of Labor (DOL) Field Operations Handbook, the court held that where employees are paid at or close to minimum wage and they use their own vehicles to make deliveries, the proper measure of minimum wage compliance for pizza delivery drivers is to either (1) track and pay delivery drivers’ actual expenses incurred or (2) pay the mileage reimbursement rate set by the Internal Revenue Service (IRS). See Hatmaker v. PJ Ohio, LLC, 2019 U.S. Dist. LEXIS 191790 (S.D. Ohio Nov. 5, 2019).

Bonuses, Premiums and Other Additional Pay Are OK for Fluctuating Workweek, DOL Proposes

Employers that offer additional pay of any kind - including both productivity-based and hours-based bonuses and premium payments - would be explicitly allowed to use the fluctuating workweek method for calculating overtime under new Fair Labor Standards Act (FLSA) regulations proposed today by the US Department of Labor (DOL).

Labor Department Proposes Changes to Clarify Use of FLSA’s ‘Fluctuating Workweek’ Pay Method

Persistent confusion over the Department of Labor’s (DOL) “fluctuating workweek” (FWW) pay method to satisfy employers’ obligation to pay overtime has deterred many from using it. Now, the DOL has proposed changes to clarify the pay method.

The 60-Day Countdown to Compliance

The U.S. Department of Labor's Final Rule changing the "white collar" overtime requirements takes effect January 1, 2020. What’s your plan to be in compliance by the deadline? Do you want to make changes but need more guidance? Will you be dealing with overtime compliance while juggling open enrollment?

DOL Attempts to End Confusion Regarding Bonuses and the Use of the Fluctuating Workweek

Background: The US Department of Labor’s Wage and Hour Division (DOL) is attempting to provide clarity and predictability to one of the most confusing areas of wage and hour law – the fluctuating workweek. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees time and a half their regular rate of pay for hours worked over forty in each week. However, if certain conditions are met, the DOL allows employers to pay “a fixed salary for fluctuating hours” and overtime at a half-time rate. See 20 CFR 778.114.

DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek

On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees.

Attempting to Fix Fluctuating Workweek

USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA. This is yet another example of the Wage and Hour Division (WHD) continuing to clean up the mess left by its predecessors.

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (October Edition)

This October there are no tricks, but there are plenty of treats (assuming you have a sweet tooth for minimum wage, overtime, and tip developments at all levels of government).
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