Properly determining whether employees are exempt from overtime pay is critical to any business. Private lawsuits to recover unpaid overtime are on the rise, and compliance with the overtime laws continues to be an enforcement priority for the U.S. Department of Labor and cognate state agencies. Violators may be required to pay penalties, multiple damages, and the prevailing party’s attorney fees, and business owners and those with authority over payroll decisions may be subject to individual liability, as well as criminal prosecution. As such, noncompliance poses severe risks for the employing entity and its leadership team. To assist businesses with their compliance efforts, this article explains how to determine whether an employee may be designated as exempt from overtime pay.
Wage & Hour
The Massachusetts meal break law is one of the most misunderstood workplace laws on the books. Violators may become liable for unpaid wages, overtime pay, multiple damages, and even attorney fees. This article explains the meal break law and best practices for staying out of hot water.
The U.S. Department of Labor (“DOL”) has proposed to raise sharply the salary levels needed to lawfully designate employees as “exempt” from overtime pay under the federal Fair Labor Standards Act (“FLSA”).