By: Brian Senjem | December 04, 2017

The U.S. Department of Labor today announced a Notice of Proposed Rulemaking (NPRM) regarding the tip regulations under the Fair Labor Standards Act (FLSA). Under the proposed rule, workplaces would have the freedom to allow sharing of tips among more employees. The proposal would help decrease wage disparities between tipped and non-tipped workers – an option that is currently restricted by a rule promulgated in 2011 that has been challenged in a number of courts.

The NPRM will be published in the Federal Register on December 5, 2017, and be available for public comment for 30 days. The Department encourages interested parties to submit comments on the proposed rule. The NPRM, along with the procedures for submitting comments, can be f...

By: Brian Senjem | September 05, 2017

August 31, 2017, Federal Judge Amos Mazzant struck down the Obama administration's 2016 rule that more than doubled—from $23,660 to $47,476—the minimum annual salary required to qualify for the Fair Labor Standards Act's "white collar" exemptions. Last November, the same court blocked the overtime rule, but had not yet declared it invalid.

Employers don't have to make any changes. The order is a final ruling.

However, employers should prepare for an eventual increase to the exempt salary threshold, even though it isn't clear what the final number will be. The rumors are in the $30Ks somewhere.

That means the existing overtime regulations apply for now, which is as follows:

To be considered “exempt,” employees must meet three (3) requ...

By: Brian Senjem | May 22, 2017

In what cases can you not pay an Intern?

If you pay an Intern, you need to treat them as a nonexempt, hourly employee and follow the Wage and Hour laws such as paying minimum wage and overtime.

Read what the DOL (Department of Labor) has to say below:

Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act

This fact sheet provides general information to help determine whether interns must be paid the minimum wage and overtime under the Fair Labor Standards Act for the services that they provide to “for-profit” private sector employers.


The Fair Labor Standards Act (FLSA) defines the term “employ” very broadly as including to “suffer or permit to work.” Covered and non-exempt individuals who are “suffered or permitted” to...

Category: Paying Employees 

Tags: Interns 

By: Brian Senjem | June 01, 2016


  • On May 18, 2016 the Department of Labor announced the final ruling on the FLSA Overtime Exemption.
  • In order for employees to remain exempt from the overtime rules (commonly referred to as salaried), they must be paid a salary of at least $47,476 per year.
  • Changes are effective December 1, 2016 assuming Congress does not overturn the ruling.


  • Minimum Salary Threshold for Exempt Employees effective December 1, 2016.
  • $913 per week, equivalent to $47,476 per year.
  • Up to 10% of the Base Threshold Salary may be paid through nondiscretionary bonuses, incentive pay, or commissions (paid at least quarterly). This means one can pay a salary of $42,728.40 plus bonuses of $4747.60 to meet the Salary Threshold.
  • ...

By: Layna Furze | March 17, 2016


  •  Employees must receive pay for all vacation hours earned (accrued).
  •  Vacation policies should be concise and easily understood to prevent misinterpretations.
  •  Consider setting a cap on how many hours can be earned.


No More “Use-It-or-Lose-It” Vacation Policies for Colorado Employers

The Colorado Department of Labor and Employment (CDLE) indicated it would adopt a tougher enforcement stance against “use-it-or-lose-it” vacation policies.

The CDLE continues its long-standing interpretation that under Colorado law, vacation pay that is earned in accordance with the terms of any agreement is wages owed to the employee upon separation of employment. Employers who have implemented a use-it-or-lose-it policy regarding paid vacation shoul...

Category: Paying Employees 

Tags: PTO 

By: Brian Senjem | July 23, 2014

Per IRS Website: 

Q1.  What are the consequences to the employer if the employer does not establish a health insurance plan for its own employees, but reimburses those employees for premiums they pay for health insurance (either through a qualified health plan in the Marketplace or outside the Marketplace)?

Under IRS Notice 2013-54, such arrangements are described as employer payment plans. An employer payment plan, as the term is used in this notice, generally does not include an arrangement under which an employee may have an after-tax amount applied toward health coverage or take that amount in cash compensation. As explained in Notice 2013-54, these empl...

Category: Uncategorized