FLSA

San Diego newspaper delivery drivers awarded $5M

04/23/2014
Workers who delivered the San Diego Union-Tribune will split a $5 million judgment against the paper’s former owner. A state judge ruled that about 1,200 carriers who worked for the paper from 2005 to 2007 were employees, not independent contractors.

Is a salary only for full-timers?

04/18/2014
Q. Can part-time employees be salaried?

Informal hiring input does not an exec make

04/15/2014

Managers and supervisors are often classified as exempt from overtime under the FLSA’s executive exemption. It requires that the employee have the authority to hire and fire or make hiring and firing recommendations that carry particular weight. Some employers believe they can meet this requirement by asking for recommendations or insight into potential hires. That’s not enough.

Wage-and-hour 101

04/14/2014
Wage-and-hour cases continue to flood the legal system. It’s critical to understand the laws that govern when workers must be paid.

When managers do hands-on work, does that destroy their exempt status?

04/14/2014
Salaried retail managers often have to step in and perform nonmanagement tasks. The fact that they do some of the same work as hourly, rank-and-file staff doesn’t mean they aren’t exempt under the FLSA—as long as they are managing at the same time. In effect, multitasking is just another part of a manager’s job.

Know the FLSA's requirements: Small, local employers may well have to comply

04/07/2014

Very small employers that aren’t engaged in interstate commerce sometimes try to argue that they don’t need to follow the FLSA because they are simply too local. But they often run into legal hurdles when employees sue, as this recent case shows.

Perez won't commit to timeline for revising FLSA's overtime rules

04/03/2014
Secretary of Labor Thomas E. Perez has refused to place a deadline on rewriting the rules that govern overtime pay for exempt employees.

Obama's 2015 budget: Less for DOL, but more for EEOC enforcement

04/02/2014
The Obama administration’s proposed 2015 budget calls for a slight reduction in federal funding for the U.S. Department of Labor but bigger bucks for the EEOC.

Could we be penalized for misclassification?

03/31/2014
Q. We have some employees that have been misclassified as exempt. We are working to rectify the situation, but could we still be penalized for the time the employee was misclassified?

Fired during lactation probe, Wawa worker returns

03/31/2014
A Bethlehem Wawa convenience store violated the FLSA when it refused to provide an appropriate place for an employee to express breast milk, according to investigators with the U.S. Department of Labor’s Wage and Hour Division.

EEOC sees 7 issues ripe for more enforcement

03/31/2014
Employers take note: EEOC Legal Counsel Peggy R. Mastroianni has said that it will increase enforcement efforts in these areas in coming months.

Logistics firm settles wage theft allegations

03/27/2014
Mira Loma-based Schneider Logis­­tics has agreed to settle charges it cheated a group of warehouse workers out of $4.7 million in wages. The company, which handles logistics for Walmart, agreed to the settlement without admitting any wrongdoing.

FLSA update looms: What will it mean for overtime pay?

03/20/2014

President Obama has ordered the Department of Labor to update the FLSA provisions that determine which salaried employees are eligible for overtime pay and which are not. And more changes are likely on the way.

Obama wants to expand FLSA overtime rules

03/19/2014

President Obama on March 13 ordered the U.S. Department of Labor to propose rules to “update and modernize America’s overtime pay system, so that millions of our nation’s salaried workers will have the protections of overtime pay.” The process, which will take months, could make overtime pay available to more management employees who are now considered exempt under the FLSA.

No double liability for state, federal classification claims

03/07/2014

Until now, employers covered by the FLSA faced potential double liability under the North Carolina Wage and Hour Act over unpaid overtime for workers misclassified as exempt. A recent decision makes clear that the federal FLSA takes precedence.

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