Imagine an employee that is paid close to a million dollars annually, is non-exempt, and therefore entitled to time and one-half on top of their six figure pay. Possible? A federal court in Tennessee says yes. The Plaintiffs in this case were employees paid as commission based sales representatives. They earned well over $100,000 per year, and in some years the most successful sales representatives earned over $900,000.
Michigan Democratic Legislators are introducing legislation intended to curtail illegal deductions from pay. Any illegal deduction from pay is being called wage theft. Wage theft is described as the “denial of wages or employee benefits that are rightfully owed to an employee.”
The Republican tax bill was introduced last Thursday by the House of Representatives. The proposed bill has mixed-results for HR programs, although 401(k) programs are relatively untouched.
Last week we wrote about the recent Sixth Circuit Court of Appeals decision pertaining to hours worked and travel time. Following up in short order, the Sixth Circuit ruled on yet another and arguably more obscure part of wage and hour regulation, Draw Against Commissions. They looked at whether an employer can collect draws by the employee that exceeded commissions owed after employment ends.
As the population continues to age, more and more adults are finding themselves in caregiving situations. By the year 2040, the percentage of people aged 65 or older will have nearly doubled to almost 22%, up from 13% in 2010. More than 1 in 6 Americans are currently working full- or part-time and assist with the care giving of an elderly or disabled family member or relative. The typical “sandwich generation” employee is a woman in her late forties who not only...
One of the trickier areas of wage and hour compliance is calculating hours worked when non-exempt employees travel on company business. There are several different situations that the wage and hour regulations address. One is “travel that is all in a day’s work” another is “home to work on a special one-day assignment in another city,” and the third is “travel away from home community.”
As an experienced recruiter, I have talked to thousands of candidates throughout the years. Candidates from all levels within numerous industries from manufacturing and healthcare to finance, IT, and engineering. No matter the level of the positions that I have supported, it has always been considered the norm to request a candidate’s salary history. However, in recent months recruiters are being cautioned on this approach.
When the Obama Administration’s Department of Labor increased the Exempt Rule’s salary level test to $913/week, this forced most employers to review many of their positions for exempt compliance. For the past few years employers have had the opportunity to re-classify jobs properly – hopefully avoiding a compliance complaint in the rule “changeover and controversy fog.”
Another blow was landed against the Obama administration’s effort to change US wage and hour law without passing an amendment to the almost 80-year old Fair Labor Standards Act (FLSA). The same Texas federal court that originally temporarily stayed the implementation of a new salary level test rule issued a permanent injunction against those rules last week. The Court’s reason for the permanent injunction remained the same: the salary level set by the new regulations was too high...
Open enrollment season is rapidly approaching, and for many employers late summer and early fall is the time of year when benefit packages are reviewed for competitiveness. Fifth Third Bank has recently rolled out a new benefit specifically aimed at retaining employees that are new moms - a maternity concierge service.
ASE recently released the results of our 2017 Healthcare Insurance Benefits Survey. 48% of Michigan employers surveyed have either implemented or plan to implement telemedicine services in 2017. This is a rising trend in healthcare that encompasses two-way video, email, smartphones, and other technology to make a virtual diagnosis.
Over the last several years organizations, especially in Silicon Valley, compete with each other by offering expanded parental leave benefits or unlimited PTO policies as a way to attract and retain talent. Over the last several months the newest growing trend in leave benefits is offering expanded time off for bereavement.
As previously reported in the EPTW, the Trump administration was going to publish a Request for Information (RFI) on the White-Collar Overtime Exemption. It did so on July 26, 2017. Previously, the Obama administration had published rules that would be effective December 1, 2017, that increased the exemption salary level test from $433/week up to $913/week with an escalation every three years. This would have dramatically impacted employers. Essentially most employees would...
According to the Project: Time Off report, The State of the American Vacation 2017, it appears that Americans might finally be starting to use their vacation time. For years, vacation time usage has been on the decline in the U.S., but the 2017 report shows some optimistic results.
The US Department of Labor (DOL) is working toward rescinding its judicially enjoined overtime rules. These rules were published during the Obama Administration and dramatically increased the exemption salary level test from $433/week up to $913/week. It was intended to reduce the number of jobs that could be classified non-exempt by employers.