As Garcia v. SAR Food of Ohio illustrates, if you fail to pay under these circumstances, you are taking a huge wage-and-hour risk.
The announcement is the first concrete details about these long-rumored rules, and could become a key part of President Obama’s legacy, which, unlike the Affordable Care Act, will be done without Congressional approval.
There is a clear advantage to paying your salaried non-exempt employees via the fluctuating workweek. Just make sure you meet the FLSA’s four-pronged test.
The Department of Labor’s Wage and Hour Division extended minimum wage and overtime protections under the Fair Labor Standards Act to home care workers.