FLSA Safe Harbor
The Fair Labor Standards Act regulations provide a safe harbor for employers who have a clearly communicated policy prohibiting improper deductions. If an employer: (1) has a clearly communicated policy that prohibits improper deductions and includes a complaint mechanism, (2) reimburses employees for any improper deductions; and (3) makes a good faith commitment to comply in the future, then the employer will not lose the exemption for any employees unless the employer willfully violates the policy by continuing to make improper deduction after receiving employee complaints.
29 CFR 541.603. The best evidence of a clearly communicated policy is a written policy distributed to employees prior to the improper pay deductions by, for example, publishing the policy in an employee handbook. Id.
Updated FMLA Policy
On February 5, 2013, the Department of Labor issued a Final Rule expanding FMLA protections. One of the expansions provides families of eligible veterans with the same job protected FMLA leave currently available to families of military service members. The expansion also enables more military families to take leave for activities that arise when a service member is deployed. The expansions went into effect March 8, 2013. Some of the 2013 Final Rule highlights include: expansion of the definition of a covered service member; definition of a covered veteran; and expansion of qualifying exigency leave for employees with family members in the Regular Armed Forces. Handbooks must be updated to reflect these changes.”
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Our author, Zarra R. Elias, Esq., is an associate in the Tampa, Florida, office of Akerman LLP. She is a Florida Supreme Court Certified Mediator. Her practice emphasizes all aspects of labor and employment law. Ms. Elias conducts seminars and trainings on labor and employment law.
Agenda
Faculty
Zarra R. Elias, Esq.
Akerman LLP
- Associate in the Tampa, Florida, office of Akerman LLP
- Florida Supreme Court Certified Mediator
- Practice emphasizes all aspects of labor and employment law
- Conducts seminars and trainings on labor and employment law
- Contributor of Akerman HR Defense Blog
- Member of the American Bar Association and The Florida Bar
- J.D. degree, University of Florida Levin College of Law
- Can be contacted at [email protected]
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