Category
Fair Labor Standards Act
Salary Reduction for an Exempt Employee: What are the rules?
At Consultstu, this is probably the most common question we receive from employers. The federal Department of Labor (and the Fair Labor Standards Act) states that exempt employees must be paid a fixed salary that cannot be reduced based on the quality and quantity of the employee’s work. To qualify for an exemption, employees must......
Coronavirus Guidance for Florida Employers
Due to the spread of Coronavirus, President Trump and Florida Governor Ron DeSantis have declared a state of emergency and are asking employers to monitor the situation and take action to help slow and stop the spread of COVID-19. The Centers for Disease Control and Prevention (CDC) has issued interim guidance to businesses and employers......
New Overtime Law Took Effect January 1, 2020
In case you missed it over the holidays, the newest Department of Labor regulation went into effect on January 1, 2020. Why does it matter? If your company pays employees on a salary basis (i.e. employee is exempt from minimum wage and overtime as an executive, administrative, or professional employee) then the minimum salary threshold necess...
New Overtime Rule: Exempt Threshold To Increase from $23,660 to $35,568 January 1, 2020
WHAT HAPPENED? This Tuesday (September 24, 2019), the Department of Labor announced the following changes to the FLSA’s white-collar overtime exemptions, to become effective January 1, 2020: The minimum salary threshold for exempt status will be $684 per week, annualized to $35,568 per year. The highly compensated employee exemption’s total...
Paying Non-Discretionary Bonuses (and proper OT) to Hourly Employees
Bonuses are great motivators for performance and a meaningful way to recognize employees that deliver excellent results for your business. If your company plans to pay overtime eligible employee (hourly) bonuses (on a quarterly or annual basis), you need to follow the rules in the Fair Labor Standards Act (FLSA). To help employers, the Wage......
DOL Says Tip Pools Can Include Cooks and Dishwashers
The Trump Administration continues to review policies and guidelines issued under the Obama Administration. Restaurant and hospitality employers will recall that the Obama DOL imposed new regulations that restricted tip pooling (the 2012 field bulletin guidance is rescinded). In April, the U.S. Department of Labor (DOL) released updated guidanc...
Is a Company required to pay employees for weather closings?
Last Saturday and Sunday, Hurricane Irma stormed its way across Florida closing businesses, forcing evacuations and crashing power lines. Almost all businesses were closed Friday through Tuesday, and some even longer if power was lost. What are the rules for paying employees when a company is forced to close due to severe weather? The answer......
Improper uniform deductions, tip sharing and unpaid OT at Metro Diner
An investigation by the U.S. Department of Labor’s Wage and Hour Division’s Jacksonville District Office found that Windy City Doc Holding LLC, doing business as Metro Diner, violated minimum wage and overtime provisions of the Fair Labor Standards Act. The Wage and Hour complaint identified three violations. First, Metro Diner made imprope...
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