Intra- or interstate? It matters for OT suit

Drivers who deliver merchandise via interstate commerce aren’t covered by the Fair Labor Standards Act, but by the Motor Carrier Act.

WHD crushes SoCal recycler with double damages

An Orange County recycler will pay 15 workers $200,378 in back wages and damages after a U.S. Department of Labor Wage and Hour Division investigation uncovered numerous Fair Labor Standard Act violations.

FLSA settlement can include nondisparagement clause

Employers can prevent an employee who receives an FLSA settlement from badmouthing them by including a nondisparagement clause in the settlement agreement.

DOL cracking down on exempt salary fraud

Ahead of the soon-to-be released white-collar overtime rule overhaul, the Department of Labor has begun pursuing employers that abuse the exempt classification system.

Bill would theoretically overturn new overtime rule

Republicans in the House and Senate have introduced legislation to overrule the Department of Labor’s impending rewrite of the rule governing overtime pay for white-collar workers.

White-collar OT rule likely in effect by summer

The Department of Labor has forwarded its final rule overhauling white-collar overtime to the Office of Management and Budget for review, starting the countdown clock toward possible full implementation by mid-summer.

Weigh 5 options for dealing with new white-collar overtime rules

With new Department of Labor rules on overtime pay for exempt employees coming in July, employers are scrambling to figure out how to minimize the impact.

Size matters for wage-and-hour compliance: Tiny business may be exempt from FLSA

Every business is covered by the Fair Labor Standards Act, right? Wrong!

Avoid overtime disputes: Do the math right the first time

Overtime: One and one-half times an employee's regular rate of pay for hours worked over 40 in a work week. Each part of this simple definition carries a lot of baggage

Final OT rule due in July, effective 60 days later

If you’ve put off planning for the big overtime law changes, it’s time to take action. The final version of the DOL's revisions to the white-collar exemption rules will be released in July.

Technology bytes; the FLSA bites harder

Odds are your company has a website. If you’re thinking of enhancing that website, say, with employee-written blogs, be careful. A federal trial court provided a stark reminder of the Fair Labor Standards Act’s rule that nonexempts can’t volunteer any time to their employers when it ruled that a nonexempt who volunteered to write a company blog can pursue her claim for unpaid overtime.

Do we have to pay employees who clock in early?

Q. We have a handful of employees who clock in early, (i.e., 5:00 p.m.) but don’t actually start working until their scheduled time (6:00 p.m.). Do we have to pay them when they do this?

Exempt or nonexempt? That depends on actual duties, not title or job description


Don’t expect a quick ruling when challenged on whether and employee has been properly classified as exempt or nonexempt.

Prepare for overtime changes in retail, hospitality industries

The U.S. Department of Labor’s proposed amendments to the Fair Labor Standards Act will have an enormous impact on employers in the retail and hospitality industries.

HR director can file wage-and-hour complaint

Generally, employees who complain to their employer that they aren’t being properly paid or classified under the Fair Labor Standards Act are protected from retaliation for those complaints. But what about a manager?
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