On January 7, 2021, the United States Department of Labor (DOL) published a final rule establishing new guidance on classifying individuals as independent contractors under the Fair Labor Standards Act (FLSA). The new guidance is set forth in Title 29 of the Code of Federal Regulations at Part 795.100 et seq. and is available online
The DOL Provides Welcome Clarifications Regarding Exclusions from the FLSA Regular Rate of Pay
On December 12, 2019, the Department of Labor (DOL) announced a Final Rule that clarifies and amends federal regulations concerning the regular rate of pay under the federal Fair Labor Standards Act (FLSA). Many of the affected regulations date back more than 60 years, long before the FLSA was made applicable to the public sector.
Four Mistakes to Avoid When Calculating the Regular Rate of Pay and Overtime Pay
Calculating an employee’s regular rate of pay and overtime pay is no small task. The FLSA requires that an employee who works overtime be compensated at a rate of at least one and one-half times the employee’s regular rate of pay. The regular rate of pay includes “all remuneration for employment paid to, or on
Employee Usage of Smartphones After Hours – Are Employers Liable for Overtime?
Emerging technologies and increased demand for worker productivity during lean economic times have changed the way Americans work. Today, employees routinely check their smartphones at all hours for emails, text messages, voicemails, and other electronic transmissions. The modern workplace includes anywhere within range of a wireless signal. Some employees even seem to be addicted to
Overtime Pay For Off-Duty Cell Phone Calls And Text Messages? Maybe!
The cell phone, in particular the so-called “smartphones” (e.g. iPhones, Blackberrys, Android phones) are amazing. These devices allow us to be in contact no matter where we are on a 24/7 basis. Some employers issue these devices to their employees both as a benefit to the employee but primarily as a benefit to the employer