E-Blasts

It's time to sign up for the 2019 H-2A Roundtable Sessions! This year's Roundtable sessions will be held in multiple locations and the Santa Maria session will be presented in both English and Spanish! These are offered at no cost and you can register by following the link at the bottom of the flyer.

We will continue to inform you of upcoming seminar dates and locations. We are here when you need us!

DOL Proposes Excluding Bonuses and Other Perks from Employee’s Regular Rate of Pay

On Thursday, the United States Department of Labor (“DOL”) announced a proposed rule that would clarify and update what employers should include and exclude when calculating an employee’s “regular rate of pay” for overtime purposes.

Generally, under the Fair Labor Standards Act (“FLSA”) employees that are eligible for overtime must be paid at one-and-one half times their “regular rate of pay” for each hour worked over 40 hours in a workweek. The FLSA defines “regular rate of pay” as “all remuneration for employment paid to, or on behalf of, the employee” except for 8 specific nonwage compensations the FLSA lays out in FLSA Section 7(e). This means an employee’s regular rate of pay is not just an employee’s hourly rate of pay, but rather includes “all remuneration for employment”—unless specifically excluded by Section 7(e) of the FLSA. The proposed rule interprets these 8 exceptions and would exclude several nonwage payments and perks that would otherwise increase an employee’s overtime rate such as non-discretionary bonuses, paid leave cash outs, expense reimbursement and other nonwage perks such as wellness programs.

Save the date for the upcoming 2019 H-2A Roundtable Sessions! This year Roundtable Sessions will be held in multiple locations and the Santa Maria Session will be presented in both English and in Spanish!

 

For more information, you can download the flyer.

 

We will continue to inform you of upcoming seminar dates and locations. We are here when you need us!

 

Navigating labor relations issues offers an ever-changing minefield for local companies, but an upcoming seminar will give employers updates regarding union access, hot topics in employment law, overtime issues in agriculture and improving employee relations by implementing better communication methods.

Michael Saqui will be presenting a Hot Topics in Labor and Employment Law Seminar on April 3, 2019. For more information, you can download the flyer.

We will continue to inform you of upcoming seminar dates and locations. We are here when you need us!

Are you a partner in a partnership or member in an LLC?

If able, most partnerships (including LLCs taxed as partnerships) likely will want to “opt out” of the new centralized audit regime enacted under the Bipartisan Budget Act of 2015 (“BBA”) on their upcoming tax return.  If unable to opt out (as discussed below), we still recommend certain amendments to your partnership or operating agreements.

If the partnership does not choose to opt out, among other consequences, current partners potentially are liable for former partners’ tax liabilities under the BBA and related IRS regulations.  As such, in most circumstances, we believe partnerships should opt out of the new audit rules if eligible.  Note that the California Franchise Tax Board (FTB) will respect the opt-out, but not necessarily other decisions allowed under the BBA.

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