Compliance Corner

The United States District Court for the Northern District of Texas has ruled that the individual mandate ― and, as a result, the rest of the ACA ― are unconstitutional. The decision is likely to be appealed, and employers should, thus, continue to comply with ACA requirements to avoid penalties.

In furtherance of a practice reinstituted earlier this year, the DOL’s Wage Hour Division (WHD) issued Opinion Letter FLSA 2018-25 which provides guidance to employers paying exempt employees on an hourly, daily, or shift basis by addressing the requirement in 29 C.F.R. Section 541.604(b) that a “reasonable relationship” exist between an exempt employee’s guaranteed amount and the amount actually earned.