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All posts tagged 'DOL'

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Simple Strategies to Prepare for the DOL Overtime Changes

This is the perfect time to review your current wage and hour practices.  When it comes to compliance, the stakes are high.  Misclassification of a non-exempt employee as exempt can have costly ramification, as the business may lose the exemption for not just that one employee who complains, but an entire class of employees, retroactive up to two years for non-willful violations and three years for willful violations.   It is essential to remember that, even though the news in focused on the annual per employee cost, exempt employees must also meet the job duties test.  It is crucial to partner with human resources and conduct a thorough wage and hour audit, to include a review of the job descriptions and actual job duties of all exempt employees. Importantly, if an employee is found to have been improperly classified as exempt, in the absence of actual time records, it the employee’s own estimate of hours worked which will be used to calculate overtime due.

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What's your wage strategy for the DOL regulations published today?

Employers with overtime exempt salary employees will want to determine which employees are currently paid a salary of less than $913 per week and get a sense of the effect the increase to the minimum salary level may have on their business.

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HR Update: Anticipation Grows As Employers Wait For Publication of DOL Final Overtime Rules

Earlier this year, the DOL announced that it submitted its final overtime rules to the Office of Management and Budget for review and, thereby, signaled that the final regulations could be published and effective within the next few months. However, as of this time, the final regulations have not been published and it remains to be seen to what extent the minimum salary level requirement will be increased. 

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U.S. Child Labor Laws - Changes that may affect your business

  U.S. Child Labor Laws - Changes that may affect your business   The Fair Labor Standards Act (FLSA) Child-Labor Regulations have recently been revised. On July, 19, 2010, the final revisions to the child-labor regulations under the Fair Labor Standards Act will become legally effective.   The Department of Labor has been receiving comments on these most recent suggested regulation changes to the U.S. child labor laws since 2007. The DOL states that these revisions are supposed to make it easier for people under that age if 18 to get a job. These revisions only apply to non-agricultural positions. The Department of Labor (DOL) is scheduled to revise the provisions concerning minors in agricultural employment. The revisions single out industries like banking, information technology and advertising.    While the regulations offer an array of rules to follow, the most recent revisions address specific issues:   There is a provision permitting 14 and 15 year olds to wo ...

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DOL says you may have to compensate employees for time spent putting on protective equipment required by law.

  DOL says you may have to compensate employees for time spent putting on protective equipment required by law. The new Department of Labor’s (DOL) Administrator’s Interpretation, issued by Deputy Administrator Nancy J. Leppink), concerns whether you have to pay for the time employees use to change put on and take off protective equipment required by law. It’s entitles “SUBJECT: Section 3(o) of the Fair Labor Standards Act, 29 U.S.C.  203(o), and the definition of clothes.” (Administrator's Interpretation No. 2010-2)   Under the Fair Labor and Standards Act, you don’t have to pay employees for their time spend changing clothes or washing at the beginning or end of each workday. But, this new Administrator’s Interpretation explains that safety equipment is going to be treated separately, and that changing into and out of protective equipment required by law is now time that your employees will be compensated for.   So, if your employees ar ...

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