Overtime

With the New Overtime Rule In Limbo, What Should You Do?

The Department of Labor’s (DOL) new overtime rule didn’t take effect on December 1 as many thought it would. Instead, it was temporarily blocked by a federal judge and subsequently appealed by the DOL. With the rule’s fate uncertain, employers find themselves asking, “Now what?” While some implemented salary changes and reclassified employees…

How to Tell Workers They Won’t Be Getting Overtime

This spring, an estimated four million Americans became eligible for overtime pay, with a new overtime rule doubling the salary threshold to automatic time-and-a-half compensation from $23,660 to $47,476. Yet this rule is now in jeopardy, thanks to a federal judge ruling before Thanksgiving that the Department of Labor did not have the…

Judge Suspends Overtime Rule

A federal district court judge issued an order Tuesday temporarily stopping new rules on overtime pay from taking effect. Beginning Dec. 1, employers would have had to pay overtime to an estimated 4 million salaried workers earning less than $913 a week. The U.S. Labor Department last spring raised the salary threshold for…

Chamber Readying Lawsuit Over OT Rules

There are 78 days left until the new U.S. Department of Labor overtime rules take effect. However, according the a recent report from Chris Opfer and Ben Penn at Bloomberg BNA, the U.S. Chamber of Commerce is ready to sue. What might the lawsuit say? Under the new DOL rule, most employees who are…

Special Handling May Be Required For Your Younger Workers Affected by the OT Rules

Under new overtime regulations set to become law on December 1st, approximately 4.2 million salaried employees will be reclassified as nonexempt employees with set work hours. The new law may cause a backlash with our youngest workers, since less workplace autonomy runs counter to so much of what they strive for at work….

Why You Might Want Exempt Employees to Keep Timecards

Management need not keep hours-worked records for employees who qualify for one of the federal Fair Labor Standards Act’s Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions. Of course, employers may nevertheless maintain those records for such employees if they wish, and some do. However, one aspect of the U.S. Labor Department’s…

If Time Is So Valuable, Why Aren’t You Tracking It?

Most executives are accustomed to tracking a wide variety of variables that affect our organizations: capital expenditures, return on investment, amortization rates, operating efficiency — you name it. Not only have we become more focused on tracking data and analytics, but we have developed a wide array of tools to help us put…

How Will You Tell Them They’ll Have to Punch In?

Looming changes to the Fair Labor Standards Act (FLSA) overtime rules mean businesses of all sizes have to make some difficult decisions about how to control labor costs. While there are months to go before they take effect December 1, that’s not as much time as you may think. A crucial factor to…

Here’s What You Need to be Doing NOW to be Ready for the New OT Rules

Now that the Department of Labor has officially revamped the nation’s overtime rules, employers can’t afford to sit on the sidelines and wait to comply until the deadline approaches. The new rules raise the salary level for employees eligible to receive overtime pay to $47,476 a year from the current $23,660 – a…

DOL Announces New OT Rules; 4.2 Million Workers Affected

The Department of Labor unveiled its much anticipated new overtime rule Tuesday night, declaring that 4.2 million more workers will soon have to be paid overtime. The rule, an update to the Fair Labor Standards Act, will officially be announced tomorrow, starting a countdown to December 1 when companies must begin paying overtime…

HR Outsource Provider TriNet Hit by $1 Million Fine For OT Violations

By Eric B. Meyer The U.S. Department of Labor announced this week that “a human resources outsource provider will pay $1 million in back overtime wages and damages combined to hundreds of employees after a U.S. Department of Labor investigation that found widespread Fair Labor Standards Act violations.” So what did a human resources outsource…

How to Reward Hard Work by Employees on a Tight Budget

Time is a valuable commodity, and it is not surprising that professionals expect to be compensated for it. More time worked equals more time paid, right? Not for everyone. More salaried employees, exempt from overtime pay, want their employers to provide the perk. In a survey conducted by my company, HealthITJobs.com, health IT…

The New Overtime Rules Are in Final Review, But When Will They Take Effect?

By Eric B. Meyer I know when the new U.S. Department of Labor overtime rules are going to take effect. Well, I think I know… First, what is the Labor Department proposing to do? Here’s a summary of the rule change from the Office of Management and Budget (OMB): The Department proposes to update…

Despite Opposition in Congress, Overtime Rules Will Probably Change in July

By Eric B. Meyer On Feb. 9, over 100 members of Congress signed this letter to U.S. Secretary of Labor Thomas E. Perez to voice their opposition to the new proposed overtime rules, which could go into effect in July. I only have an electronic version of the letter. But, it looks like it was…

See No Overtime, Hear No Overtime, Pay No Overtime

By Eric B. Meyer Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair…

New Labor Department OT Rules May Be Delayed Until End of 2016

By Eric B. Meyer Is there a delay in the new U.S. Department of Labor Overtime rules? Lauren Weber of The Wall Street Journal reported that Solicitor of Labor, Patricia Smith, told an audience at the American Bar Association Labor and Employment Law Conference in Philadelphia that the Department of Labor’s proposed changes to the…

Senators Introduce Legislation Targeting Worker Misclassification

By Ilyse Wolens Schuman Two weeks after the U.S. Department of Labor issued an Administrator’s Interpretation cautioning that “most workers are employees,” Senators Bob Casey, D-PA, and Al Franken, D-MN), introduced a bill targeting worker misclassification. The Payroll Fraud Prevention Act of 2015 would make a number of amendments to the Fair Labor…

The 6 Tell-Tale Signs That Someone is an Employee and Not a Contractor

By Eric B. Meyer In my younger days, I had a summer job in college where I clocked in at 9 and left at 5. They gave me a desk, a computer, training, a supervisor, job instruction, and a not-so-fat paycheck. But, at least, nothing got withheld from my paycheck. They called me an independent…

How Will the New Overtime Rules Play Out? Here’s How You Can Be Heard

By Eric B. Meyer A lot has been written over the past week few weeks since the U.S. Department of Labor announced its proposed change to the overtime rules. Both sides of overtime coin For example, there’s this article I read yesterday on The Washington Post website supporting the Labor Department’s proposal. The authors suggest that, while the…