The professional exemption to the federal overtime requirements (“Professional Exemption”) is frequently relied upon to categorize employees as exempt from overtime when an employee is functioning in what appears to be a highly skilled capacity. Employers relying on this exception to the Fair Labor Standards Act (“FLSA”) must follow specific practices and procedures to be …
This is the first in a ten-part series designed to help employers avoid mistakes that may result in regulatory problems under the federal Fair Labor Standards Act. A. Overview of the 2016 Revisions: On May 18, 2016, the Department of Labor (“DOL”) announced updated rules to the Fair Labor Standards Act (“FLSA” or the “Act”) …
Basic Wage Record Obligations Under the Fair Labor Standards Act (“FLSA”), it is the employer’s duty to create and retain accurate records of hours worked each workday and each workweek for all employees who are not exempt from federal overtime requirements. This includes keeping timesheets or time clock records that accurately reflect the arrival and …
A. Basic Overtime Rate: The Fair Labor Standards Act (“FLSA”) mandates that all employees not “exempt” from overtime pay be paid overtime for all hours “actually worked” in excess of 40 in any single workweek at a rate of 1 ½ times the “regular rate” of pay. This rule applies to both salaried and hourly …