14

Nov

2017

Highly Compensated Exemption May Not Work on Commission Based Pay

Author: Michael Burns

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. 

7

Nov

2017

Michigan Wage Theft Legislation Scheduled for Introduction

Author: Michael Burns

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.”

7

Nov

2017

How the Proposed Tax Bill Would Impact HR Programs

Author: Anthony Kaylin

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.

31

Oct

2017

Draw Against Commission Wage Payment Plans – Sixth Circuit “Draws” the Line

Author: Michael Burns

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.

31

Oct

2017

Caregiver Benefits in the Workplace

Author: Kristen Cifolelli

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...

24

Oct

2017

Sixth Circuit Rules in Favor of Employer in Travel Pay Suit

Author: Michael Burns

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.”

17

Oct

2017

Salary History Bans – How to Handle Them

Author: Keisha Ward

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.

10

Oct

2017

Despite Court Injunction of Revised Exemption Rule and USDOL Rule Review – Do Employers Still Need to Comply?

Author: Michael Burns

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.” 

5

Sep

2017

Federal District Court Permanently Enjoins DOL Salary Level Test

Author: Michael Burns

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...

5

Sep

2017

Maternity Concierge Service New Benefit to Help Retain New Moms

Author: Kristen Cifolelli

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.

29

Aug

2017

ASE Healthcare Survey Reveals Telemedicine as the Number One Cost-Saving Measure for Employers

Author: Heather Nezich

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.

22

Aug

2017

Expanded Bereavement Leave – The Latest Trend in Employee Benefits

Author: Kristen Cifolelli

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.

1

Aug

2017

DOL Solicits Comments on the Overtime Rule

Author: Anthony Kaylin

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...

18

Jul

2017

Are Americans Finally Using Their Vacation Time?

Author: Heather Nezich

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.

11

Jul

2017

U.S. DOL Walks a Fine Line as it “Walks Back” Overtime Rules

Author: Michael Burns

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.  

RSS

Filter:

Filter by Authors

LinkedIn Twitter YouTube

Contact

American Society of Employers

Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152

Contact Us
Phone: (248) 353-4500
Fax: (248) 353-1224