FLSA

Comp time could become option for most employers

04/27/2017
A bill working its way through the House of Representatives would allow private-sector employers to offer comp time in lieu of overtime pay.

Overtime rules still dead, hearing delayed until June 30

04/25/2017
Stop us if you’ve heard this one before: A federal court has agreed to a Department of Labor administration request to postpone its defense of the yet-to-be-enacted overtime rules finalized last year.

Economic test hits brakes on taxi drivers' contractor claims

04/24/2017
A group of taxi drivers lost their bid to be reclassified as employees. They remain independent contractors.

Carefully track exempt employees' work, too

04/24/2017
It’s up to the employer to establish exempt status and to provide the proof that the worker did perform exempt tasks at least half the time.

Beware class actions in wage-and-hour cases

04/19/2017
It doesn’t take much for a court to approve a class-action overtime lawsuit if it is clear that a company policy affected everyone in the same job classification.

Texas court says cutting overtime hours may be retaliation

04/12/2017
An employee had alleged Fair Labor Standards Act violations in an overtime lawsuit. Her employer changed its overtime policy—and applied it to the employee and no one else.

Your choice: Keep accurate time records ... or let jury decide number of hours worked

04/12/2017
Keep good time records, or expect to fight it out in court if some of your employees allege they weren’t paid for all time worked and are due overtime.

Misclassification can result in double penalty

04/12/2017
Employers that erroneously classify an hourly employee as exempt can expect their mistake to be a costly one. Not only will they have to pay two years’ worth of back overtime, but they’ll probably have to pay double that amount as a penalty for not getting the classification right.

Disney to pay $3.8 million for FLSA violations

03/30/2017
Those Walt Disney World “cast members” sweltering in the Florida sun were losing more than water weight as they pranced through the Magic Kingdom.

Automotive service advisors not exempt from federal wage-and-hour law

03/29/2017
Service advisors are not exempt under the auto salesperson exemption to the Fair Labor Standards Act.

Acosta floats $33,000 OT threshold

03/29/2017
Labor Secretary-designate Alexander Acosta refused to be pinned down on whether he would back the Obama administration’s never-enacted $47,476 overtime salary threshold rule.

Discovered mistaken deduction from exempt pay? Fix it fast, or face big liability risk

03/23/2017
Unless you quickly reverse the deduction, it could jeopardize the employee’s exempt status.

Court nixes bid to see employee phone data

03/23/2017
A recent decision in a federal lawsuit shows the limits on the kind of employee data employers may seek when defending themselves against charges they violated overtime law.

No serial comma means employees have OT case

03/21/2017
In court, there are no ifs, ands or buts about it: Punctuation matters.

Action on employment law shifting to states

03/16/2017
Just because Republicans have their hands on all the levers of political power in Washington doesn’t mean they will be able to advance a cohesive agenda.
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