Hopefully, all employers know that FLSA requires employers to pay non-exempt employees overtime pay at one-and-one-half times their “regular rate” for all hours worked over 40 in a given workweek. But, what is included in an employee’s “regular rate” of pay when calculating the overtime hourly rate?
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
EMPLOYER ALERT - US Department of Labor Issues Final Rules on Joint Employment and “Regular Rate of Pay”
The DOL finally provided some reasonable guidance as to joint employer status for wage and hour purposes. The DOL explained the stated purpose of this final rule is to "promote certainty for employers and employees, reduce litigation, promote greater uniformity among court decisions, and encourage innovation in the economy."
On January 15, 2020, OSHA civil penalties will increase as follows.
On Tuesday, January 14, 2020,in Lin Lin v. Washington University, a unanimous Missouri Supreme Court held that an accommodation request, alone, is not protected activity to state a claim for retaliation because it does not satisfy either the opposition or participation clause of Section 213.070.1(2), RSMo.
Effective January 1st, the Illinois Artificial Intelligence Video Interview Act will regulate Illinois employers’ use of artificial intelligence (AI) in the interview and hiring process. The Act has similar privacy protections and processes as the Illinois Biometric Information Privacy Act that has spawned numerous class action lawsuits throughout Illinois. Thus, it is imperative for Illinois employers to understand this new Act’s requirements to prevent being subject to a costly class action lawsuit.