FLSA

Court refuses to sidestep employee notification of pending class-action lawsuit

01/15/2015
The federal trial court with jurisdiction over Minnesota employers has refused an employer’s request to streamline the FLSA collective-action process.

He who has the best time records usually wins a wage-and-hour lawsuit

01/15/2015

The FLSA and DOL regulations require employers to track all hours worked so employees can be paid for all the time they spend working. That’s especially true for hourly employees. But what about tracking hours for so-called exempt employees who aren’t eligible for overtime pay for hours worked over 40 per week?

Study suggests widespread minimum wage violations in NY

01/14/2015
A study commissioned by the U.S. Department of Labor finds that somewhere between 3.5% and 6.5% of workers in New York earn less than the minimum wage. The study, performed by Eastern Research Group, showed that more than 300,000 New York workers were being paid illegally low wages.

What are some resources for classifying employees and independent contractors?

01/05/2015
Q. I am assistant HR director for a small company that uses independent contractors as well as full- and part-time employees. In my role, I must ensure that these workers are accurately classified as either employees or contractors, and that my company fully complies with federal and state tax and labor laws. What is out there to assist me in accurately classifying the workers performing services for our firm?

Never ignore lawyer's advice on classification

01/05/2015
If your lawyers have told you that you have misclassified an employee, ignoring that advice can be used against you. The opinion becomes evidence of a willful violation, making the employee eligible for the bonus payment.

What's the federal youth minimum wage?

12/24/2014
Q. I am an employer that employs minors in certain occupations. Is there a federal youth minimum wage that I must pay my minor employees?

What restrictions limit child labor?

12/24/2014
Q. One of my employees asked if her 15-year-old son could work for my business. Under Texas law, in which occupations may teenagers be employed?

Employee must provide pay specifics in FLSA case

12/24/2014
A worker who files a Fair Labor Stand­­ards Act lawsuit claiming unpaid wages must actually set out facts showing that he wasn’t properly paid. Mere allegations aren't enough.

Converting employees into contractors? Prepare for expensive, protracted litigation

12/24/2014
Here’s a warning for employers thinking about turning employees into independent contractors to avoid paying benefits and payroll taxes: If some of the employees challenge the decision, you may be in for years of expensive, time-consuming litigation. That can easily turn a penny-pinching strategy into a money pit.

Pay up! Wage-and-hour issues take center stage in 2015

12/23/2014
Wage-and-hour issues could take center stage in 2015, with federal, state and local legislative battles looming over increases to the minimum wage, more wage-and-hour litigation and proposed regulations that could dramatically narrow the overtime exemptions under the Fair Labor Standards Act.

Avoid OT issues: Ban off-the-clock work and automatic nightly time-clock resets

12/17/2014

If your business doesn’t operate 24/7, you probably shut down just about everything at some point during the night. If that shutdown includes resetting the time clocks to automatically clock out everyone, you may be courting a lawsuit.

Pre-shift and post-shift duties: A few unpaid minutes can add up to millions

12/08/2014
If you rely on an inaccurate formula to calculate work time, a jury may correct your mistake for all similarly situated employees—and a judge can double the amount owed for unpaid time.

FLSA: Title doesn't determine exempt status

12/04/2014
Just because an employee is called a supervisor and sometimes tells others what tasks to perform, that doesn’t mean she’s an exempt administrative or executive employee.

New rule on white-collar overtime pay pushed back to February

12/02/2014
Look for the Department of Labor to release a new proposed rule for paying overtime to white-collar workers in February 2015, a roll-back of the department’s original, self-imposed November deadline.

When 'manager' doesn't manage, title doesn't determine exempt status

11/13/2014
Just because an employee is called a supervisor and sometimes tells others what tasks to perform, that doesn’t mean she’s an exempt admin­­istrative or executive employee. It’s the actual duties performed day to day that count.
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