Category Archives: Wage & Hour/Employee Classification

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The Department of Labor’s Proposed PAID Program: An Invitation to Turn Yourself In or to Turn Yourself Inside Out?

Ver la versión en español aquí Last week, the U.S. Wage and Hour Division (“WHD”) announced that it will soon offer employers the chance to self-report to the WHD and potentially resolve minimum wage and overtime violations. This opportunity will be offered under the new WHD Payroll Audit Independent Determination (“PAID”) program. The employment law … Continue Reading

Baseball’s Winter of Discontent

Ver la versión en español aquí What can we learn from Major League Baseball’s currently unemployed players? Employee satisfaction has become increasingly important as employees expect fulfillment in their careers (both financially and with work-life balance programs and benefits). Whether unionized or not, it is important to analyze a company’s culture and the industry to … Continue Reading

“What Did You Make at Your Last Job?” – Is That Still a Question?

Ver la versión en español aquí Amazon recently made a voluntary decision to ban the use of salary history questions during the employment application process. Why? The idea is that banning questions about salary history aims to close the gender pay gap. According to the Census Bureau, women make 80% of every dollar a man makes. … Continue Reading

Restaurants and Hotels: Are We Reaching a “Tipping” Point on Tips?

Ver la versión en español aquí Florida and federal law allow restaurants and hotels to pay tipped employees minimum wage, less a credit of $3.02 per hour against tips received. Tips can be pooled and then redistributed to those who are in traditionally tipped positions.  However, if an employer wrongly allows non-tipped employees to share … Continue Reading

Florida’s Minimum Wage to Increase to $8.25 per hour –What About the Loonie, Eh?

Ver la versión en español aquí I originally hail from Toronto, Canada.  As an employment attorney now practicing in Florida, I enjoy comparing US employment laws with their Canadian counterparts.  So first, the news from Florida. On January 1, 2018, Florida’s minimum wage will increase from $8.10 per hour to $8.25 per hour. This adjustment … Continue Reading

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data in 2018

Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … Continue Reading

Spoiler Alert: Court Plunges Dagger in Heart of Obama-Era Overtime Regs, Setting Stage for Season II Fireworks

Ver la versión en español aquí Wow, this has been one crazy roller coaster ride. Season 1 of this overtime soap opera kicked-off with President Obama directing the Secretary of Labor to “modernize and streamline” the “white collar” FLSA exemptions. In May 2016, the DOL published revised regulations that increased the exempt salary threshold from … Continue Reading

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

It’s throwback Thursday … err Tuesday.  As those of us in Florida prepare for the potential landfall of Hurricane Irma this weekend, please check out my colleague Bob Turk’s interview with the Miami Herald about storm preparations for human resource professionals and our post from hurricane season last year on what happens to employees’ pay … Continue Reading

DOL Does a “Do Over” on Overtime Regs and White Collar Exemptions

Ver la versión en español aquí On November 22, 2016, many of you breathed a (big) sigh of relief. Why? Because a Texas federal judge issued a nationwide temporary injunction precluding the U.S. Department of Labor’s (DOL) 2016 overtime regulations from going into effect on December 1, 2016. These regulations would have significantly increased the … Continue Reading

It’s Payday! Are Pay Stubs an Employer’s Friend or Foe?

Ver la versión en español aquí Poll in-house counsel about the things that keep them up at night.  The contents of a wage statement (commonly known as a “pay stub”) would be way down that list.  After all, the federal Fair Labor Standards Act (FLSA) and Florida state law do not require any specific information … Continue Reading

Top Takeaways from Our 27th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you were able to get a “glimpse into the future” of Labor & Employment law. Check out our Facebook album with photos from the event to see if you can spot yourself or your … Continue Reading

Another Attempt to Pass Private Sector Comp-Time Legislation

Ver la versión en español aquí As the fate of the Department of Labor’s revised overtime regulations remains in limbo as a result of a nationwide injunction (currently on appeal) issued in November 2016, Congress now has chimed-in on wage and hour issues potentially impacting non-exempt employees.  This week, the House of Representatives passed The … Continue Reading

New DOL Overtime Regulations on Hold – Now What????

Late yesterday, a Texas federal Judge issued a nationwide temporary injunction halting the Department of Labor’s (“DOL”) new overtime regulations, which were set to significantly increase the minimum salary required for the executive, administrative and professional overtime exemptions (known as the white collar exemptions). This unexpected ruling prevents the DOL from implementing the new regulations, … Continue Reading

Could the Applicant Salary History Question Become History?

Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading

A Penny for Your Thoughts . . . A Nickel for Your Minimum Wage

Ver la versión en español aquí Florida’s minimum wage is going up. Starting January 1, 2017, Florida’s current minimum wage of $8.05 will increase five cents to $8.10 per hour.  For a full-time Florida employee (working 2080 hours), the increase equates to $104 more in wages per year.  The five cent increase was based on … Continue Reading

Employment is Now-But is a Separation Agreement Still Forever?

Ver la versión en español aquí It’s time!  An employee needs to go.   The departure needs to be a clean break with no threat of future litigation.   A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

With Hurricane Matthew expected to hit the east coast this week, Floridians are stocking up on water, batteries, gas, and canned food. It’s important to be prepared and plan ahead for your home and family. For those in Human Resources, it is also a good time to plan ahead for what happens with employees’ pay … Continue Reading

For Immediate Posting in Your Workplace: Updated Minimum Wage and Polygraph Posters

The U.S. Department of Labor (DOL) recently published two updated workplace posters: Federal Minimum Wage poster, and Employee Polygraph Protection Act (EPPA) poster. (Note: Federal, state or local governments are exempt from the EPPA so no poster is required for these employers) The posters have been visually redesigned and includes a QR Code, which when … Continue Reading

The Writ (and Wisdom) of Wage Garnishments

Your employee, Debbie Deadbeat, doesn’t pay her debts and gets slapped with a judgment. Before you know it, a process server comes to your office and serves you with a continuing writ of garnishment of Debbie’s salary and wages. First:  What is a Writ?  Second:  What should you do about it? A Writ is essentially … Continue Reading

You Want to Raise the Minimum Wage to WHAT?!?!

Ver la versión en español aquí A year ago, Gravity Payments CEO Dan Price announced plans to raise the salary of every employee to $70,000 by 2017, even entry level staffers.  In order to help offset the increased labor costs, Price announced his intention to lower his own salary from $1,000,000+ to $70,000 (he apparently … Continue Reading

New Overtime Rule Doubling Minimum Salary Requirement Effective December 1

Ver la versión en español aquí Well, finally. This morning, the U.S. Department of Labor (DOL) issued its final rule, about two years and two months after President Obama directed the Department to update, streamline and modernize overtime regulations under the Fair Labor Standards Act (FLSA). The Department estimates that the compensation of more than four … Continue Reading

Payperless Paydays – Paycards: A Good Alternative to Direct Deposit?

Ver la versión en español aquí For years, employers have looked for ways to implement a one-size-fits-all paperless (all electronic) pay system for paying employees’ wages. While direct deposit is a good option, there are very few states that allow an employer to implement direct deposit if an employee does not agree. Florida is not … Continue Reading
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