Category
Wage and Hour
Minimum Salary Not Increasing, 2024 Overtime Rule Overturned
A federal judge in the U.S. District Court in Texas has blocked the Department of Labor (DOL) rule that increased the salary thresholds for the new overtime pay regulations under the Fair Labor Standards Act (FLSA). Bottom line – the proposed increase in salary required to qualify for a salaried exempt position will not take......
Are Remote Employees Covered by FMLA?
The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on February 9, 2023, to clarify the Family and Medical Leave Act’s (FMLA’s) hours-of-service eligibility requirement for teleworkers, as well as the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers. On the same day, the DOL also exp...
PTO Can be Docked from Salaried Employees
Paid time off is a fringe benefit and is not considered part of a worker’s salary ruled a federal appeals court on March 15, 2023. In a case brought by employees (nurses, physical therapists and social workers) at Bayada Home Health Care, the judges concluded that the company can take away paid leave when salaried......
“Highly Compensated Employee” Exemption Requires Payment on a Salary Basis
A highly-paid offshore tool pusher worker sued Helix Energy Solutions because he was not paid overtime. He was considered exempt under the “highly compensated employee” exemption (Wage and Hour law) but was paid on a day rate, not a salary. In late February, the Supreme Court decided that the worker must be paid overtime because......
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......
Florida Minimum Wage will increase to $11.00 per hour on September 30, 2022
Effective September 30, 2022, the Florida minimum wage will increase from $10.00 to $11.00 per hour. Additionally, the minimum wage for tipped employees will increase by $1.00 to at least $7.98 per hour, in addition to tips. The next minimum wage increase is set for September 30, 2023. In 2020, Florida voters approved a state......
Florida announces $8.65 Minimum Wage for 2021
On October 15, 2020, Florida announced the new minimum wage rate of $8.65 per hour for 2021. Florida’s minimum wage rate is adjusted annually to reflect changes in the cost of living. The minimum hourly rate for tipped employees in Florida will be $5.63 per hour in 2021. Florida law requires the Florida Department of......
Wage and Hour Division Publishes New Guidance on Paid Leave and Expanded FMLA
On March 24, the Department of Labor (Wage and Hour Division – COVID Response) issued some new information for employers and employees about the Families First Coronavirus Response Act (FFCRA). As provided under the legislation, the U.S. Department of Labor will be issuing implementing actual regulations (planned for early April). Additio...
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...
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