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Posts tagged as “FLSA”

Calculating Overtime Properly

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Overtime. It is a subject that you may think you know well, but do you? It is not always a simple matter of paying the employee “time and a half” for any hours worked in excess of 40 hours in a workweek. There is much more to take into consideration, and while this article is not intended to cover every scenario out there, we will touch a number of bases. What we will not cover, this time around, is who may be exempt from overtime. Let’s start with the federal law, where the overtime provisions are contained in the Fair…

State Minimum Wage Increases 2022

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While the Federal minimum wage remains at $7.25 per hour, 27 states and many cities, counties and locals have set increases effective January 1st, 2022 with a few announcing a change during 2022.  Many states continue their path to $15.00 per hour and you will now find places in Washington state that have a minimum wage over $17.00 per hour.  A list of each state/local, along with the new hourly rate is listed below. Any state that does not have a minimum wage change scheduled is not listed. All rates are effective January 1st, 2022 unless otherwise noted. Alaska: $10.34 Arizona: $12.80…

Restaurants and Businesses with Tipped Employees – New Minimum Wage Rule Takes Effect

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On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule, which takes effect on December 28, 2021; it is extremely important for businesses that pay the lower “tipped minimum wage” to take notice. In this final rule, the DOL finalizes its proposal to withdraw one portion of the Tip Regulations Under the Fair Labor Standards Act (FLSA 2020 Tip Final Rule) and finalize its proposed revisions related to the determination of when a tipped employee is employed in dual jobs under the Fair Labor Standards Act of 1938. Specifically, the Department of Labor is amending its…

Compensable and Non-compensable Travel Time. Do You Know?

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There are many times when an employee may need to travel for business-related purposes. The latter span can include something brief, like a trip to the bank, or a cross-country flight for a business conference and depending upon the circumstances, it can be compensable time. I think the best way to tackle this is to take a look at examples as to what is and what is not: What is NOT compensable Home to work/Work to home (aka commuting) – An employee who travels from home before the regular workday and returns to his/her home at the end of the…

BYOD; Business Use of an Employee’s Personal Device Requires Compensation

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If you have an employee who drives their personal vehicle for a work related matter, it is the norm to reimburse the employee for the business-related use.  It is a straight forward calculation by taking into consideration how many miles the person drove and multiplying it by a rate.   The IRS even publishes a standard mileage rate of .58 cents per mile (2019).  But what if that employee uses their mobile personal device (aka cell phone) in a Bring Your Own Device (BYOD) workplace? As employers implement paperless, streamlined, and automated solutions to their work environment, we are finding that…

Now That The Employee Has Separated, When is Their Final Check Due?

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With the exception of four states (Alabama, Florida, Georgia, and Mississippi), each state has specific laws regarding the issuance of a final paycheck to a separated employee.  Many states differentiate whether the employee was separated voluntarily or involuntarily, and the timing ranges from “immediately” (yes, this means the same day the employee is terminated) to the next scheduled payday, so I have put together this table for quick and easy reference. Each state has penalties for violation of the final check rule, so be sure you know what is required.    A state such as California will enforce the employer to…

Waiting to be Engaged, or Engaged to Wait?

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Not knowing the difference could result in a costly Department of Labor claim.  Maybe more costly than a divorce. If your employee is Engaged to Wait then that time is considered hours worked.  Conversely, Waiting to be Engaged are off-the-clock hours, thus not hours worked or compensable under the Fair Labor Standards Act (FLSA). So what is the difference between the two?  I am glad you asked. Engaged to Wait is time spent primarily for the benefit of the employer, and how much restraint is placed on an employee who is waiting.   Let’s look at a few examples to…

Comp Time: Possible Expansion to Private Employers

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Compensatory time, aka Comp Time, has been an acceptable practice for government employees, but a recent bill passed by the House on May 2nd moves on to the Senate. Comp time is formally defined as time off that is accrued by an employee in exchange for cash overtime pay, or more precisely as 1.5 hours of Comp time in exchange for 1 hour worked of overtime.   While this may be happening in private businesses today, it is currently a violation of the Fair Labor Standards Act (FLSA), and the Working Families Flexibility Act of 2017 (H.R. 1180) is looking…

22 States Increase Minimum Wage

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Happy New Year! With the new year comes 19 states changing their minimum wage effective January 1st, and another three states implementing a change effective July 1st.  While the federal minimum wage remains the same at $7.25 per hour, the minimum wage for federal contractors has increased to $10.20 per hour. The following states will have a minimum wage change effective January 1st; (click on the state name for additional information) Alaska 9.80 Arizona 10.00 Arkansas 8.50 California 10.50 Colorado 9.30 Connecticut 10.10 Florida 8.10 Hawaii 9.25 Maine 9.00 10.68   Portland Massachusetts 11.00 Michigan 8.90 Missouri 7.70 Montana 8.15…

Federal Judge Blocks Overtime Pay Change

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A federal Judge on Tuesday blocked the law that was passed on May 17th, 2016 to increase the minimum salary amount a worker can earn and remain exempt from overtime pay. U.S. District Judge Amos Mazzant, of Texas, agreed with 21 states and a coalition of business groups, including the U.S. Chamber of Commerce, that the rule is unlawful and granted their motion for a nationwide injunction.   Mazzant stated that the federal law governing overtime does not allow the Labor Department to decide which workers are eligible based on salary levels alone. The rule was to take effect on…