Employment Laws to Take Effect in New Year

The COVID-era has brought many challenges for employers and employees alike when it comes to employment laws. Going into the new year, some states are enacting new legislation that centers on how to better distinguish independent contractors from employees, safety related changes, and leave requirements. Below are descriptions of new …

Overtime Pay: Pennsylvania Expands Minimum Wage

New legislation involving the expansion of Pennsylvania’s Minimum Wage Act (MWA) recently went into effect after three years of work under Gov. Tom Wolf’s administration. The legislation not only increases the maximum salary employees can earn, but it also allows them to still be eligible for overtime pay. The expansion …

Highly Compensated Employee, Learned Professional Exemption

The Wage and Hour Division (WHD) of the United States Department of Labor (DOL) recently issued an opinion letter that addresses questions regarding the learned professional exemption and the highly compensated employee exemption. The company who requested the opinion letter is engaged in executive education for a variety of companies …

Calculating Overtime Pay With Fluctuating Workweek Method

The Wage and Hour Division of the United States Department of Labor (DOL) recently issued a letter that examines the method of calculating overtime pay under the Fair Labor Standards Act (FLSA) when using the fluctuating workweek method. (Opinion Letter FLSA2020-14) In general, the FLSA requires employers pay nonexempt employees …

Retail Sales Overtime Exemption Examined in DOL Letter

The United States Department of Labor (DOL) continues to moderate its review of what types of businesses may be able to assert the retail sale exemption from the overtime pay requirements of the Fair Labor Standards Act (FLSA). A new DOL opinion letter recently issued specifically examines this overtime exemption …

Definition of Independent Contractor Clarified in DOL Letter

The United States Department of Labor (DOL) recently proposed a new rule that would change the interpretation of independent contractor status under the Fair Labor Standards Act (“FLSA”). If finalized, the DOL suggests the proposed rule would promote certainty for companies, reduce opportunity for employee litigation, and encourage innovation in …