I have blogged about some USDOL initiatives of late and see they are picking up some momentum with further developments coming down the line. The agency is going to revise
Continue Reading What The New DOL Rulings/Regulations May Bring?
Bonuses
Regulatory Agenda of Trump Administration Indicates Significant DOL Changes
By Mark Tabakman on
The Trump Administration has issued its regulatory agenda, which is a semi-annual statement of the short- and long-term policy plans of government agencies. The DOL is at the forefront of…
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What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
By Mark Tabakman on
There have been many class actions concerning the job title “Assistant Manager” and this malady has risen again. The chain, Hooters, has been sued in a nationwide collective action that…
Continue Reading What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
When Do Bonuses Get Included In Non-Exempts’ Regular Rate for OT Calculations?
By Mark Tabakman on
A little known aspect of the FLSA is the need for an employer to include non-discretionary bonuses when calculating the regular rate for purposes of overtime calculation. In a collective…
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Be Careful When Paying Out Year-End Bonuses for FLSA Issues
By Mark Tabakman on
Under the FLSA, bonuses are excludable from the regular rate only if the employer can affirmatively demonstrate that the bonus fits into a specific statutory exclusion. In order for a…
Continue Reading Be Careful When Paying Out Year-End Bonuses for FLSA Issues
The United States Department of Labor Introduces iPhone Application To Track Employees’ Hours and Pay
By Fox Rothschild LLP on
On May 9, 2011, the United States Department of Labor (“DOL”) announced the launch of an application for the iPhone and iPod Touch that will record the hours worked by…
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US DOL Issues Fluctuating Work Week Regulations: Agency Sticks To What It Knows
By Mark Tabakman on
There had been an initiative to change the regulations regarding the fluctuating work week (“FWW”) computation of overtime found in 29 CFR 778.114 by allowing the payment of non-overtime bonuses…
Continue Reading US DOL Issues Fluctuating Work Week Regulations: Agency Sticks To What It Knows
Failure To Include Certain Payments In Regular Rate Can Lead To Class Action Liability
By Mark Tabakman on
A federal judge has conditionally certified a FLSA collective action which was instituted by a production workers in an action in which the plaintiffs claim that many kinds of payments…