Since its passage on March 18, 2020, employers have been attempting to forecast how the Department of Labor (DOL) will implement the Families First Coronavirus Recovery Act (FFCRA).
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
As we previously reported, the minimum salary amount for an exempt employee since 2004 was $455/week or $23,660/annually. On July 6, 2015, the DOL announced its proposed rule which, in part, would mandate that employers have to pay an exempt employee a minimum salary of $970.00/week, or $50,440/annually.
To be classified as an employee exempt from overtime, an employee must perform certain exempt duties and responsibilities, such as those customarily performed by an executive, professional or administrative employee. In addition to performing the requisite managerial duties, an employer is required to pay the individual a minimum guaranteed weekly salary. If the employee does not receive this minimum weekly salary, the employee is treated as an hourly employee, regardless of their duties, and must be paid overtime for all hours worked in excess of 40 hours during the workweek.
The Family Medical and Leave Act in part requires an employer to permit an eligible employee to take a leave of absence arising from the serious medical condition involving the employee’s spouse. When Congress enacted the FMLA in 1993, no state had recognized a same-sex marriage. Consequently, the definition of a spouse for FMLA purposes was uncomplicated and uncontroversial.
Department of Labor’s New Interpretation of FLSA’s Administrative Exemption to Mortgage Loan Officers Upheld by U.S. Supreme Court
The United States Supreme Court recently issued its ruling in Perez v. Mortgage Bankers Association, upholding a Department of Labor (“DOL”) interpretation regarding the status of mortgage loan officers as non-exempt under the Fair Labor Standards Act (“FLSA”). At issue was whether the DOL could alter its position regarding whether mortgage loan officers qualify for the administrative exemption under the FLSA without adhering to the notice-and-comment rulemaking process set forth in the Administrative Procedure Act (“APA”).