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FLSA

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

04/19/2012
Determining the amount of overtime pay depends on employees’ hourly rate of pay for the first 40 hours. That can sometimes be more complicated than it sounds, especially for employers that pay their hourly employees a set amount for their entire workweek, including overtime.

DOL goes nuts on Sunnyvale’s Crazy Buffet

04/19/2012
A federal judge has ordered Sunnyvale-based Crazy Buffet to pay its workers $404,000 in damages following a U.S. Department of Labor investigation. The Chinese-food buffet restaurant had a policy of not paying wages to workers, although it allowed them to keep their tips.

Never knew about unauthorized OT? You’re not liable under FLSA

04/19/2012

Every HR pro knows employers must pay overtime if an em­­ployee works more than 40 hours per week. But does an employer have to pay overtime if it doesn’t know or have reason to know that the employee worked overtime hours? No, according to the 7th Circuit Court of Appeals.

Lady Gaga & the FLSA: A bad romance

04/10/2012
The former personal assistant to Lady Gaga has filed a lawsuit claiming the entertainer failed to pay her overtime. She says she’s owed hundreds of thousands of dollars.

Employee training: When must it be paid?

04/09/2012
If you offer extra off-duty training to your hourly employees, pay extra attention to the rules that explain when those hours must be “paid time.” In most cases it will, but the Fair Labor Standards Act does give you a four-step ladder to climb to a pay exemption.

Former ‘Charlie Rose’ intern seeks class-action lawsuit

04/03/2012
Public television shows often operate on a shoestring. According to Lucy Bickerton, the PBS “Charlie Rose” interview show was so cheap, it used interns like her to fill in for actual employees.

Extremely small businesses may be exempt from FLSA

04/03/2012
Almost every employer is covered by the Fair Labor Standards Act’s wage-and-hour provisions unless it’s specifically exempted. But some truly local and isolated entities may not be, depending on the specifics.

Batali’s employees rake in millions in belated tip income

04/03/2012
Manhattan celebrity chef Mario Batali has agreed to a $5.25 million settlement with waiters, bartenders, busboys and other floor staff at several of his restaurants.

No matter how many clients, temps must still get OT pay

03/30/2012
Dallas-based staffing agency Temp Team has agreed to settle FLSA violations un­­covered during a U.S. Department of Labor Wage and Hour Division investigation. The $244,104 settlement will be split among 252 current and former employees.

Interns and the FLSA: When do they have to be paid?

03/30/2012
On the surface, internship arrangements look like a win-win: The employer gets free labor. The intern gets valuable training and builds skills. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.