On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided a new test for determining
Wage & Hour Insights
Guidance & Solutions for Employers
Wage & Hour Insights, published by Franczek P.C., focuses on developments and compliance issues related to wage and hour laws, including the Fair Labor Standards Act (FLSA) and state-specific regulations such as Illinois' pay transparency laws. The blog covers topics like overtime exemption rules, salary thresholds for exempt employees, pay scale disclosure requirements, and legal challenges affecting wage and hour policies. It also addresses related labor and employment law matters, including non-compete agreements and regulatory changes impacting employers and employees. The content is aimed at helping employers navigate evolving wage and hour regulations and maintain compliance.
Latest from Wage & Hour Insights - Page 3
DOL Broadly Defines When a Summer Camp or Program is a Child’s Place of Care for FFCRA Leave
In Field Assistance Bulletin No. 2020-4, issued June 26, 2020, the United States Department of Labor, Wage and Hour Division, recognized a number of ways an employee can establish eligibility for Family First Coronavirus Response Act (FFCRA) leave based…
DOL Withdraws Industry Lists from its Retail or Service Establishment Exemption Interpretative Rule
I believe most would agree, the Department of Labor’s (DOL) interpretative guidance typically provides useful insight to employers navigating often tricky wage and hour laws. This was not the case with the DOL’s decades-old guidance regarding whether an employer was…
DOL Green Lights Bonuses for Employees with Fluctuating Work Schedules
The U.S. Department of Labor (DOL) has issued a final rule under the Fair Labor Standards Act (FLSA) expressly authorizing employers to offer bonuses, hazard pay, and other premiums to employees whose hours, and regular rate of pay, vary from…
Walmart Takes Lead in Providing Paid Sick Leave in the Face of COVID-19
By Erin Fowler
For regular readers of this blog, you know that my colleague, Tracey Truesdale, gave you some tips for properly paying employees in the event of a pandemic. That was on February 26, 2020. Since then, we’ve heard of employers sending entire…
Coronavirus: How to Properly Pay Employees in the Event of a Pandemic
The anticipated spread of coronavirus in the U.S. has many employers revisiting their emergency response plans. Depending on guidance from public health officials, some employees may be directed to work from home, temporarily furloughed, or work a reduced schedule. Some…
DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek
By Bill Pokorny
U.S. DOL Issues Notice of Proposed Rulemaking
On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating…
New Minimum Salary For Exempt Employees Takes Effect January 1, 2020
By Bill Pokorny & Erin Fowler
On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the “white collar exemptions”) from $455 per week (or $23,660…
Chicago City Council Unanimously Approves Fair Workweek Ordinance
By Bill Pokorny
The Chicago City Council passed the new Chicago Fair Workweek Ordinance by a unanimous vote earlier today, as reported by the Chicago Sun Times.
The text of the ordinance is available here:
Chicago Fair Workweek Ordinance
There have been…
Alabama Becomes Latest State To Restrict Salary History Inquiries
By Bill Pokorny
On June 11, 2019, Alabama Governor Kay Ivey signed a new law that prohibits wage discrimination based upon sex and protects workers who decline to share their salary history with a prospective employer. The new law takes effect August 1,…