While there are regular updates to the minimum wage for hourly employees, at least on the state level, changes to the minimum salary for Fair Labor Standards Act (FLSA) exempt employees are not as common. Looking back twenty years ago to 2004, the minimum weekly salary for a FLSA exempt employee was only $445. In 2016, President Obama attempted to double that weekly amount to $913, but a federal judge blocked it just days before it was to take effect. It was ultimately increased to $684, effective January 1, 2020, where it currently stands. As of July 1, 2024, the…
Posts tagged as “DOL”
A question I am often asked is ‘How long must I maintain my payroll records?’, and the answer is; “it depends”. Reason being is that there are many different documents that are maintained within the payroll world by a myriad of federal, state, and local agencies, and a lots of overlap. Some people put a blanket retention policy of seven years across all documents, but in some cases as we will see, even that may not be long enough. Namely if the records are for an active employee. Let’s take a look at the more popular forms and documents, and bring some order to…
Yes you do! Whether you have just one employee, the organization is a sole proprietor or corporation, nonprofit or for-profit, there are posting requirements (for every worksite) that must be complied with, otherwise the employer will face some fairly hefty penalties should there be a check. There is also exposure to employee lawsuits which can be more costly than any government agency fine. These days compliance is very easy. Many office supply stores or even online, sell “all in one” posters, but beware as they are not all created equally and you want to make sure you are covered.…
By: Matthew N. Thibaut, Esq. Employment Law Practice Group CIKLIN LUBITZ & O’CONNELL The Fair Labor Standards Act (FLSA) is an extremely technical statute that was enacted in 1938, which is the federal law providing employees overtime protection. Under the FLSA, an employee in the United States is entitled to receive 1.5x their regular rate of pay for hours over 40 unless they are exempt. The most common exemptions are the executive, professional and administrative exemptions, also referred to as the “white collar” exemptions. These exemptions are not determined by occupation, job title or classification, but rather by a two-part test: (1) duties test and (2)…
To pay Weekly or Biweekly (or some other frequency), that is the question. The US Department of Labor (DOL) does not specify any sort of frequency in which employees should be paid minimum wages or the overtime compensation it calls for. Instead the language states that “Wages required by the Fair Labor Standards Act (FLSA) are due on the regular payday for the pay period covered.” While this seems vague, the DOL takes this principal seriously. For example, if an employee fails to record time worked or submit a timesheet, and the employer is aware that work was performed, the…