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HR orgs pan DOL’s proposed overtime rule

09/09/2015
Fewer opportunities to work overtime, less workplace flexibility for employers and employees alike: That’s the likely result of the Department of Labor’s proposed rule to more than double the salary threshold that makes white-collar managers eligible for overtime pay, according to comments submitted to the DOL by the Society for Human Resource Management and WorldatWork, two prominent HR organizations.

Prepare for Department of Labor’s proposed new overtime rule

09/01/2015
On July 6, the U.S. Department of Labor published a long-anticipated proposed rule that would make overtime pay available to nearly 5 million workers who are currently exempt from the Fair Labor Standards Act’s overtime requirement. The proposed rule would raise the minimum salary level for overtime exemption and raise the salary threshold for certain highly compensated employees.

What are California’s unique overtime rules?

08/26/2015
Three questions about overtime pay in California.

Do we have to pay our interns this summer?

08/26/2015
Q. Our company is considering hiring student interns this summer. Are we required to pay them under California law?

Independent contractor status in California: Court of Appeal wades into classification debate

08/26/2015
The Court of Appeal of California has ruled in a case testing the limits of calling workers independent contractors. Employers should review their independent contractor arrangements to make sure they meet California requirements.

2, 4, 6, 8! Who does California appreciate? Cheerleaders!

08/26/2015
It’s official—professional cheerleaders are now recognized as employees under California law. In July, California Gov. Jerry Brown signed a bill requiring California professional sports teams to pay their cheerleaders at least the minimum wage.

Doing fill-in tasks doesn’t make bosses nonexempt

08/26/2015
A manager who has to fill in for subordinates when they are absent or because a position is vacant doesn’t necessarily lose exempt status.

Court: Home health aides can have minimum wage, overtime protection

08/25/2015
A federal appeals court has upheld Department of Labor rules that grant minimum wage and overtime pay protection to live-in home health care workers employed by third parties.

DOL keeps beating misclassification drum

08/20/2015
How serious is the U.S. Department of Labor about cracking down on employers that misclassify workers as independent contractors instead of employees? It has begun a weekly media campaign to tout its growing list of legal victories in misclassification cases.

Use job duties, not title, to set exempt status

08/17/2015

Here’s a reminder that job duties are what determine exempt status under the Fair Labor Standards Act. You cannot classify someone as exempt based just on job title or education. For example, requiring a college degree for jobs that really could be performed without such training and experience doesn’t magically make the employee ineligible for overtime protection.