The U.S. Department of Labor has released a final ruling on what constitutes a joint employer relationship when it comes to liability for wage and hour matters. In a wage and hour investigation, a four-factor balancing test will be used by courts to determine whether two entities are considered joint employers. The four-factor test will assess whether the company: Continue reading
This morning the Department of Labor (DOL) announced the new salary threshold for exempt employees. Currently employees who meet certain job duties tests and are paid on a salary basis equal to at least $455 per week can be considered exempt from overtime. The new ruling increases the salary threshold from $455 per week to $684 per week. This new threshold is effective January 1, 2020.
The new threshold means that employers who have exempt employees making less than $684 need to either reclassify the employees as non-exempt (making them eligible for overtime pay when working more than 40 hours in a workweek ) or need to increase wages to be above the weekly minimum. Continue reading
Federal law requires that all non-exempt employees are paid at a rate of one and one half times their regular rate of pay for all hours worked over 40 in a workweek. This is pretty straightforward to figure out when a payroll is processed on a weekly or biweekly schedule because the number of days in the pay period remain the same. But for employers who pay their employees semi-monthly (i.e., the 1st and the 15th of the month) the number of work days fluctuate from one pay period to the next depending on the way the calendar falls. Continue reading
The Department of Labor (DOL) has recently released a statement adopting a “primary beneficiary” test to be used when determining whether an intern for a for-profit employer should be classified as an employee under the federal Fair Labor Standards Act (FLSA). Continue reading
The Federal Fair Labor Standards Act (FLSA) requires that employers pay all non-exempt employees at a rate of at least one and one half times their regular rate of pay for each hour worked over 40 hours in a workweek. While this may seem straight forward, there are many misconceptions regarding when overtime is to be paid and to which employees. Below is a list of five of the top myths associated with overtime pay. Continue reading
As summer approaches and schools are close to letting out for summer vacation, many employers will be hiring teenagers to do summer work. But before hiring an employee who is not yet 18 years old, it is very important for employers to familiarize themselves with child labor laws to ensure they remain in compliance and avoid potential penalties.
The federal Fair Labor Standards Act (FLSA), enforced by the U.S. Department of Labor (DOL), provides some work limitations based on the age of the minor employee:
- Under 14 years old: generally cannot perform any work (outside of a few exceptions such as newspaper delivery and casual babysitting).
- 14-15 years old: only permitted to work in specified occupations (such as retail and some kitchen and food service – for a full list of permitted occupations click here). There are also restrictions regarding hours that employees 14 and 15 years old can work:
- No work can be performed during school hours,
- No more than 3 hours of work on school days (including Fridays),
- No more than 18 hours per week during the school year,
- No more than 8 hours per day during school breaks,
- No more than 40 hours per week during school breaks,
- No work before 7 am or after 7 pm (except between June 1st and Labor Day when the nighttime limitation is extended to 9 pm).
- 16-17 years old: can work unlimited hours with no restrictions or limitations in any job other than those designated as hazardous by the Secretary of Labor. For a list of hazardous jobs, click here.
- There are separate rules for minors working in the agricultural industry. For more information about those rules, click here.
The FLSA permits employers to pay employees younger than 20 years old less than the regular federal minimum wage for their first 90 days of employment (consecutive calendar days). The current federal youth minimum wage is $4.25 per hour.
The FLSA does not require minors to obtain a work permit to begin employment, however many states have laws that do require work permits.
In addition, many states have their own rules regarding child labor addressing items such as required meal or rest breaks and/or restrictions on hours worked. It is very important to be aware of all applicable state laws in addition to the rules established under the FLSA. For more information regarding state specific laws, click here.
If an employee is working overtime without permission from a manager, what options do you have as the employer?
Under federal law (The Fair Labor Standards Act or FLSA), if a non-exempt employee works more than 40 hours in a workweek they must be compensated at a rate of one and one half times their regular hourly rate for all hours over 40 in the week. If an employee is working, they must be paid for all time worked, even if the hours were not authorized by management. For example, if an employee is scheduled for 40 hours and works 46 hours, but the 6 hours of overtime weren’t approved by the employee’s manager, the employee must still be paid for all 46 hours worked. Continue reading