Posts Tagged ‘FLSA’

A Comprehensive Guide to the Fair Labor Standards Act for Public Employers

Monday, May 4th, 2020

In the scramble to respond to COVID-19, I forgot to announce that my new book, A Comprehensive Guide to the Fair Labor Standards Act for Public Employers, was published on March 16th! I’ve been working on this for a good three years, using your questions as a guide.

The New Overtime Rule is Here and Effective January 1, 2020

Wednesday, September 25th, 2019

On Tuesday, September 25, 2019, the U.S. Department of Labor released the final rule raising the minimum salary an employee must make to be exempt from overtime and, as a result, making more salaried employee eligible for overtime compensation. The rule may be found here. The changes to the rule closely track the proposed rule […]

The FLSA’s Professional Exemption – Part 2: The Computer Professional

Wednesday, September 10th, 2014

This is the final post in my series about exemptions to the Fair Labor Standards Act’s requirement that employees be paid a premium time-and-one-half overtime wage for hours over 40 in a workweek. There are three types of exemptions: the executive exemption (discussed here), the administrative exemption (discussed here and here) and the professional exemption. […]

The FLSA’s Professional Duties Test – Part 1

Wednesday, August 13th, 2014

The FLSA’s Professional Duties Test – Part 1 The Fair Labor Standards Act (FLSA) generally requires that employers pay employees a time-and-half premium wage for hours worked past 40 in a workweek. Many employees are not entitled to this premium overtime pay, however, because they are “exempt.” In previous blog posts here, here and here, […]

The FLSA’s Administrative Exemption from Overtime Pay, Part 2: Some Examples

Friday, July 18th, 2014

In previous blog posts, I discussed the executive and administrative exemptions to the Fair Labor Standards Act rule that an employee is entitled to overtime pay after working 40 hours in a week. When an exemption applies, the position is said to be “exempt” and the employee is not entitled to overtime pay even at […]

The FLSA’s Administrative Exemption from Overtime Pay

Wednesday, February 19th, 2014

Under the Fair Labor Standards Act, a government employee is entitled to overtime pay after working 40 hours in a week, unless an exemption applies. If an exemption applies, the employee is said to be “exempt” and is not entitled to overtime pay even at 60 or 80 hours worked in a week. Positions are […]

The FLSA’s Executive Exemption from Overtime Pay

Wednesday, December 18th, 2013

Employees in “exempt” positions are not entitled to overtime pay, even if they work sixty hours or more in a single workweek. How does an employer determine whether a position is exempt under the Fair Labor Standards Act? A position is exempt from the FLSA’s overtime rules if it meets three requirements: the position is […]

Paying Employees Who Are Absent in Inclement Weather

Wednesday, November 20th, 2013

It’s that time of year. Winter storms may make it impossible for local government employees to make it to work. Sometimes absences are for only a day or two and once the roads are clear and it is safe to drive, employees return to work. At other times, storms cause power outages that may last […]

Salaried Employees and the FLSA

Wednesday, October 30th, 2013

Susan is a salaried employee and does not receive overtime pay no matter how many hours she works in a given workweek. Robert is a salaried employee and is paid overtime whenever he works more than 40 hours in a week. Both are paid in accordance with the requirements of the federal Fair Labor Standards […]

The Mysteries of Comp Time Revealed

Friday, February 22nd, 2013

The Fair Labor Standards Act (FLSA) requires all employers to pay employees time-and-one-half their regular rate of pay for all hours over 40 that employees work in a given week, unless an employee satisfies the FLSA’s salary basis test and one of either the executive, administrative or professional duties tests. Employees who meet the requirements […]