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Category: FLSA
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Federal Employment Law Update – January 2018 | PA Benefit Advisors
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WHD Revises Test for Unpaid Internships On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Field Assistance Bulletin (FAB No. 2018-2) establishing that the primary beneficiary test, rather than the six-point test, will determine whether interns at for-profit employers are employees under the federal Fair Labor Standards Act…
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So Who Is a Paid Intern Now? | Pennsylvania Benefit Consultants
On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) created new guidance for determining whether a worker could be classified as an unpaid intern under the federal Fair Labor Standards Act (FLSA). The FLSA requires “for-profit” employers to pay employees for their work. Interns, however, may not be classified as…
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Breaking News: Costly Overtime Rule Struck Down | PA Benefit Advisors
On August 31, 2017, Federal District Court Judge Amos Mazzant overturned the Fair Labor Standards Act (FLSA) Final Overtime Rule that would have doubled the annual salary level to qualify for exemption from overtime from $23,660 to $47,476. The same judge issued an injunction stopping implementation of the final rule nine months ago, and the…
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Ask the Experts: How to Calculate Minimum Wage | PA Benefit Advisors
Question: Is minimum wage calculated on hours worked or hours worked plus performance-based earnings, thus subject to change each pay period? For instance, a nonexempt employee is paid $320 for 40 hours worked with $60 added for performance goals, totaling $380. Which amount is used to determine the employee’s minimum wage; $320 or $380? The…
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Employer Exchange Notices–No Changes Needed | PA Benefit Advisors
Employers are required to give all new hires a Notice of Marketplace Coverage Options – often referred to as the Employer Exchange Notice. The U.S. Department of Labor (DOL) provides model notices that employers can download, customize, and distribute to workers. Although the model notices were scheduled to expire May 31, 2017, the DOL has…
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DOL Increases Penalty Amounts to Adjust for Inflation | Pennsylvania Employee Benefits
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For the second time in less than a year the Department of Labor (DOL) has increased the civil monetary penalties assessed or enforced by the DOL. The increases were announced in a final rule issued by the DOL on January 18, 2017. The increases were made pursuant to the Federal Civil Penalties Inflation Adjustment Act…
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DOL Issues Final Rule Requiring Paid Sick Leave for Some Federal Contractor Employees | PA Employee Benefits
Affirmative Action Alert, October 3, 2016 On Friday, the U.S. Department of Labor published its Final Rule to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. President Obama issued the Executive Order on Labor Day 2015, and the Department of Labor issued a proposed rule in February 2016. After receiving more than 35,000 comments, the DOL made…
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The FLSA Overtime Changes and Their Impact on Employee Benefits | PA Benefit Advisors
Most employers should be reviewing payroll budgets and job descriptions to ensure that changes to salaries and job classifications are all in order by the December 1 deadline based on the new overtime exempt salary threshold and other final rule changes to the Fair Labor Standards Act (FLSA). Another area that will be impacted by…
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Yay for Snow Days! But Can I Work From Home? | Pennsylvania Employee Benefits
Do employers need to pay employees when bad weather forces the office to close? Other feasibility questions/issues might arise, too, especially around public transportation closures and working from home. Do employers need to pay employees if the office is open, but public transportation is closed? Under the FLSA rules, employers do not need to pay…
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