The Prohibition on Excessive Overtime in Health Care Act (Act 102) became effective on July 1, 2009. Health care facilities covered by the law include hospitals, ASCs, hospices, long-term care facilities and other inpatient facilities, but it excludes private physician offices and group practices. Employees protected by the law include all nonsupervisory employees involved in
Jon & Kate Plus 8 Reality TV Show faces Child Labor Investigation
The Gosselin Family, which has been the center of a media attention in recent weeks, is reportedly under investigation by the Pennsylvania Department of Labor and Industry for child labor law violations stemming from their children’s appearance on the reality TV show "Jon & Kate Plus 8". Much of the reality show is
Department of Labor Issues FMLA posters and Forms
The DOL issued a revised Family and Medical Leave Act (FMLA) poster, reflecting the recently published final rule which is now available for viewing and downloading. Every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the Act’s
Avoid Wage & Hour Problems from Year End Bonus Payments to Hourly Employees
Many employers traditionally provide year end bonuses and holiday gifts for their employees. Bonuses may be included in a nonexempt employee’s regular rate depending upon the manner in which the bonus is calculated and the company’s prior communication. Inclusion in the regular rate impacts overtime calculations and payments.
Bonuses paid to nonexempt employees are included in the
Overtime Exempt Status: Don’t Forget About State Law (Especially When Dealing With Computer Employees)
Most Pennsylvania employers and their counsel are familiar with the overtime compensation requirements and the exemptions from these requirements established by the federal Fair Labor Standards Act ("FLSA"). The exemptions, such as the bona fide executive, professional, and administrative employee exemptions, define when employers may lawfully treat certain employees as exempt from the FLSA’s overtime compensation
Pennsylvania Minimum Wage Increases for Small Employers and Trainees:
“Small Employer” minimum wage increases to $7.15 per hour effective July 1, 2008
All employers in Pennsylvania must pay the state’s minimum wage of $7.15 per hour based on the expiration of the Small Employer exemption. Previously, an employer who had an employee complement composed of the equivalent of 10 or less full-time employees had a
HR GENERALIST RESOURCES: THE FINAL PAYCHECK: Without Exception, It Should Be Paid On Time
The scenario is a common one. An employee quits or is discharged before the end of the pay period. The employer has the employee’s final paycheck, and the employee has certain property belonging to the employer (e.g., a uniform, laptop computer, cell phone). The employer explains to the employee that it will give the employee his/her final paycheck as
Energy Expenses And Gas Prices Motivate Employers To Move To Four Day Workweek: What Are The Legal Issues?
Companies face increased energy cost as the nation’s average gasoline price reached $4.00 per gallon this week spurring a new round of cost cutting measures. Even in prior years, some employers have allowed employees to work alternate workweek schedules, such as four 10 hour days, for summer months. When this schedule is feasible from a production and
Bonus and other Lump Sum Payments to Nonexempt Employees may Impact Overtime Calculations
Employers sometimes pay bonuses to nonexempt employees without a thought of potential wage and hour compliance. Ann Bares at Compensation Force notes that Companies may pay a “lump sum” merit increase for employees who are topped out of a salary range. Other examples of lump sum payments include attendance and production bonuses, year-end bonuses and holiday gifts. Bonuses
Legal issues in Telecommuting: Gas Prices make Businesses Reconsider Policies
As gas prices approach $4.00 per gallon, more employees desire the telework options that have typically been of greater interest to workers for “family reasons”. Companies that formerly dismissed telework programs now find that attracting and retaining employees may depend on increased flexibility around attendance at the office. While productivity and IT issues abound, there are