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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Supreme Court’s employer-friendly ruling: FLSA classification standard is ‘preponderance of the evidence’

The High Court’s decision in E.M.D. Sales v. Carrera puts to rest fears of a sharp increase in Fair Labor Standards Act misclassification cases claiming employers didn’t take enough care when making decisions about employees’ exempt or nonexempt status.

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It’s not just the FLSA—monitor and comply with state and local wage-and-hour laws, too

The federal Fair Labor Standards Act isn’t the only wage-and-hour law employers must honor. Many states and municipalities have their own laws that are just as binding. Ignoring them can spell big trouble.

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Prepare for Trump administration’s impact on DOL

With each change in administration, there’s a change in how federal agencies operate. When President-elect Trump takes office Jan. 20, expect rapid change at the U.S. Department of Labor.

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California’s new independent contractor law suggests best classification practices

California arguably has the most restrictive independent contractor rules of all. Following them means you likely will pass any of the less stringent tests with flying colors.

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DOL appeals overtime decision and injunction

The Department of Labor has appealed a ruling by a federal judge in Texas that overturned the Biden administration’s rule that would have made some 4 million more white-collar workers eligible for overtime pay.

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A hard day’s work deserves a fair day’s pay

It sounds Dickensian—some employees with disabilities working under so-called Section 14(c) certificates earn $1 or less an hour. The Department of Labor wants to end this practice. New proposed regulations would, if finalized, phase out these certificates, so employees with disabilities would need to be paid at least the minimum wage.

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Why you might want to track exempt workers’ time

Employees who are properly classified as exempt are paid on a salary basis. Because you must pay them their full salary in any week when they perform any work, there’s generally no need to track every hour and minute they work. But what happens if you classified the worker incorrectly and she wasn’t an exempt employee after all?

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Court blocks overtime rules: Now what?

What should employers do now that the overtime rule has been overturned? The good news is they won’t need to raise salaries on Jan. 1. But what about reversing the changes made in good faith back in July? Here are your options.

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What to do when maternity leave clashes with signing-bonus policy?

We pay a $1,000 signing bonus to new employees in exchange for agreeing to commit to working for us for at least one year. A new employee requested a three-month leave of absence for the birth of her child; the leave would begin six months after her hire date. Can we pay the bonus in two parts?

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New overtime rule overturned, white-collar salary threshold reverts to $35,568 per year

A federal judge in Texas on Nov. 15 struck down the Department of Labor rule that granted overtime pay to 1 million white-collar workers in July and would have made another 3 million eligible for overtime pay on Jan. 1.

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