Beyond Voluntary Paid Leave: What Are the Other Employment-Related Provisions of the Coronavirus Relief Act?

In addition to the voluntary extension of the Families First Coronavirus Response Act’s paid leave provisions, which we discussed in our December 22, 2020 E-lert, the Coronavirus Response and Relief Supplemental Appropriations Act (the Act), included in the massive (5593 page) stimulus bill signed into law on December 27, 2020, expands or extends relief benefits […]

Read More

Treasury Department Provides Guidance on President Trump’s Deferral of Payroll Taxes

The U.S. Department of the Treasury issued, on August 28, 2020, a Notice concerning President Trump’s Presidential Memorandum concerning employers’ deferral of payroll taxes.  Here are the key points: The Presidential Memorandum permits employers to defer the withholding and payment of FICA taxes, which consist of the 6.2 percent social security tax and the 1.45 […]

Read More

President Issues Memoranda on Payroll Taxes and Unemployment Insurance

President Trump issued, on August 8, 2020, Memoranda and Executive Orders concerning unemployment insurance, payroll tax withholding, evictions, and student loans.  Below, we discuss the two employment-related Presidential Memoranda (which have been incorrectly designated Executive Orders in the media, although there is little technical distinction between the two).  Neither requires immediate action by employers. Payroll […]

Read More

Salary Add-Ons Do Not Bar Fluctuating Workweek Overtime, U.S. DOL Rules

Bonuses, shift differentials, hazard pay, commissions and other add-ons do not preclude use of the fluctuating workweek method of computing overtime, according to a U.S. Department of Labor interpretive regulation issued May 20, 2020. The fluctuating workweek (FWW) method of computing overtime is an alternative method of computing overtime for non-exempt salaried employees.  If there […]

Read More

DOL Streamlines Its Regulation Interpreting Commission Sales Exemption from Overtime

Apparently inspired by the tidying up trend, the Department of Labor threw out two sections of its interpretation concerning the commission sales exemption from overtime that no longer gave it joy.  The commission sales exemption covers sales employees who are primarily paid by commission.  To come under the exemption, the employee must be employed in […]

Read More

To Avoid Job and Wage Cuts CARES Act Funds Payrolls

In our March 27 E-lert, we explained important provisions of the CARES Act. One of them provides small businesses and nonprofits with forgivable loans to fund payroll and other costs incurred between February 15 and June 30, 2020 as an incentive to keep employees on the payroll.  Under the “Paycheck Protection Program” the federal government […]

Read More

Department Of Labor Issues Final Rule On Regular Rate Exclusions From Overtime Calculations

On December 12, 2019, the U.S. Department of Labor (DOL) announced a revised interpretation listing payments that can be excluded from the “regular rate” used to compute overtime pay for non-exempt employees under the Fair Labor Standards Act. The DOL also issued a Fact Sheet and Highlights on this revised interpretation. Under the FLSA, employees […]

Read More

The DOL Proposes a Reinterpretation of the Fluctuating Workweek Method for Computing Overtime

On November 5, 2019, the Department of Labor (DOL) published, for public comment, a proposed revision to its interpretation of the fluctuating workweek (FWW) method of computing overtime. Under the revised interpretation, bonuses, commissions, shift differentials and other additional payments will not prevent an employer from using that method. When non-exempt employees are paid a […]

Read More

Supreme Court Disapproves ALJ Appointments

In a surprising decision, Lucia v. SEC, the Supreme Court held that the system used to appoint administrative law judges (ALJs) throughout the federal government violates the U.S. Constitution. Many federal agencies, including the National Labor Relations Board and the Department of Labor, use ALJs to decide contested cases. The civil service system used to […]

Read More
page 1 of 2