DOL Proposes Amendment to Clarify Overtime Pay Calculations

The Fair Labor Standards Act (FLSA) generally requires overtime pay of at least 1 ½ times the regular rate of pay for hours worked in excess of 40 hours per week for non-exempt employees.  The Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to amend the rules regarding how overtime is calculated, specifically related to what forms of “regular pay” employers include and exclude in the 1 ½ times calculation.

Request Schedule Change After Disability Leave

An employee is out on disability leave. The employee calls to request to come back to work, but only working nights and weekends. Does the employer have to accommodate this request?

Quiz Corner: Background Checks

Q:  Can an employer conduct a background check before extending an offer of employment? A:  Federal law does not prohibit employers from conducting background checks before an offer of employment is made. However, state laws may have restrictions such as limiting what type of information may be requested before an offer is made.  Examples include … Continued

Hot Topics & Recent Developments in Labor and Employment Law

Hot Topics & Recent Developments in Labor and Employment Law Join Goldberg Segalla and Employer Services Corporation for updates in labor and employment law and best human resources practices throughout the life cycle of an employee. When: Thursday, February 14, 2019 8 a.m. | Registration and continental breakfast 8:30 – 10: a.m. | Program Where: … Continued

Is it Time to Outsource Your HR?

You Know it’s Time to Outsource HR When… By Lauren Kersten, HR Professional Team Leader ESC has been working with for-profit and non-profit organizations of various sizes and industries for over 20 years. During the conversion process, we find that many of our new clients have things in common that helped them make the decision … Continued

Quiz Corner: Overtime Pay

Can You Refuse to Pay Unauthorized Overtime? Q: Can an employer refuse overtime pay for an employee if the company policy clearly states that overtime must have prior management approval? A:  Employees who clock in and out in order to be paid are usually nonexempt and only paid for the hours they work.  Even if the … Continued

Quiz Corner: Holiday Pay

Q:    Are employers required to provide holiday pay to part-time employees? A:    It depends. Employers aren’t obligated to pay any hourly non-exempt employee for holidays they do not work; however some employers voluntarily do so. Often times, companies will offer paid holidays to only full-time employees but some also have paid holidays for regular … Continued

Quiz Corner: Two Week Notice

If an employee gives a two-week notice of resignation, can an employer choose to terminate them immediately?

Compliance Update: NYS Sexual Harassment Prevention

Sexual Harassment Prevention Policy Update NY State has considered the many comments that were submitted in response to their proposed Sexual Harassment Prevention policy and training requirements, and posted their final model policy and training requirements.  They have back-tracked on their original requirement that the training of all current employees be completed by January 1,  2019 … Continued