By Jodi R. Bohr, Gallagher & Kennedy, P.A.
Federal law provides that once an individual becomes an employee, he is entitled to be paid under the Fair Labor Standards Act (FLSA). The law can be a bit unclear, however, about compensation to trainees who are undergoing orientation activities and studying to pass tests necessary for employment.

A panel of judges from the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently heard Bristol Excavating, Inc.'s (B.E.) and its owner's appeal of an earlier decision, which held that employers must include incentive bonuses in the regular pay rate when calculating the overtime compensation owed to workers under the Fair Labor Standards Act (FLSA).

Employers finally have a good idea of what the new overtime rule will look like. But the long process has brought up issues that go beyond where to set the salary threshold and has states taking matters into their own hands.

By Cathleen S. Yonahara, Freeland Cooper & Foreman LLP
The California Supreme Court handed a major victory to employers by ruling that employees cannot use the Private Attorneys General Act (PAGA) to recover unpaid wages.

By Michael J. Modl
You may have employees whom you have properly classified as exempt from receiving overtime pay under federal and Wisconsin wage and hour law. What happens when you are short one or more hourly employees and you ask an exempt employee to pick up their duties? Under certain circumstances, you may have overtime liability. Read on to learn how to minimize potential liability in these circumstances.

By Tammy Binford, Contributing Editor
A new proposed rule from the U.S. Department of Labor (DOL) intends to clarify that employers who pay nonexempt workers bonuses or other incentive-based pay in addition to a fixed salary can use the fluctuating workweek (FWW) method of paying overtime as a way to keep costs down as long as other requirements for using the method are met.

By Bridget Miller, Contributing Editor 
Has your organization started offering on-demand pay as an employee benefit? On-demand pay is exactly what it sounds like—a way for employers to give employees access to their pay on demand instead of waiting for the standard payday. On-demand pay is often implemented through a third-party app, coordinated by a payroll provider, to give employees early access to their wages.