Tag Archives: wage and hour

The Pope Is Coming to Philly

I am pleased to share with you a blog my colleague, Linda B. Hollinshead @lhollinshead1, and I collaborated on concerning the Pope’s visit to Philadelphia and the wage and hour issues it may cause.

We have been asked a lot of questions about the Pope’s visit to Philadelphia in terms of wage and hour and other laws. Here are the some of the questions and the general answers:

  1. If we shut down for a day or two, do we have to pay exempt employees? The general answer is “yes.” However, you generally can require that the exempt employee use PTO to cover a day on which you shut down.
  2. If we shut down for a day or two, do we have to pay non-exempt employees? The general answer is “no,” unless: (1) you have a policy that says you will pay; (2) there is collective bargaining agreement that obligates you to pay; or (3) the employee is paid on fluctuating work week basis. Reminder: the fluctuating work week is not recognized in Pennsylvania but it is in other states. Even if there no duty to pay, please think of employee relations since you must pay exempt employees.

Continue reading The Pope Is Coming to Philly

What Will the Department of Labor Do Next?

I am pleased to share with you an article I wrote for the Corporate Counsel section of ALM.

On July 6 in the Federal Register, the U.S. Department of Labor published proposed changes to the Fair Labor Standard Act’s white-collar exemptions. Under federal law, these include the following categories: executive, administrative, professional, outside sales and computer professional. The last is not recognized under some state laws, but remember that employees always get whichever is the more protective between federal and state laws.

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Preparing for Imminent DOL Rules

This blog was originally published for SHRM’s SHRM Blog.

We have heard it before. The proposed regulatory changes to the white collar exemption are “imminent.” And, then they were delayed.

Well, the regulations were sent by the DOL to the OMB. The conventional wisdom is that they will be published on June 18, 2015 (I suspect so the DOL can say “Spring”). Continue reading Preparing for Imminent DOL Rules