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FLSA

You must pay for training that isn’t truly voluntary

04/30/2012
Do you require employees to complete after-hours training that will ben­­efit your operations but isn’t directly job-related? If so, you must pay them for their time, unless you can show that participation is truly voluntary.

Always enforce ‘no unauthorized OT’ policy

04/30/2012
The first step to controlling overtime costs is to establish a sound policy forbidding unauthorized extra work for hourly employees. But a “no unauthorized overtime” policy is just the beginning. You must also enforce the policy for all nonexempt employees, and make sure managers understand why it is important.

Who is an exempt professional under the FLSA?

04/29/2012
Q. We are a social services organization. After employees make home visits to clients, they must file reports within 24 hours, even if that means they must work on weekends. Most of these employees have two-year associate degrees; some have bachelor’s degrees. Can we treat these social workers as exempt employees under the FLSA?

Beware minimum wage, OT violations–you could owe double damages, and more

04/27/2012
Here’s an incentive to make sure you pay employees properly: Failing to pay minimum wage or overtime may mean a lawsuit that goes back three years. Plus, winning employees receive twice what they were owed—and their attorneys collects legal fees commensurate with their time and effort.

Officer doggedly seeks overtime pay for K-9 care

04/24/2012
Penn Township Police Officer Ross Piraino has a bone to pick with his employer. In 2009 Piraino began caring for the police department’s German shepherd Charro at his home. Now Piraino is suing, claiming he is entitled to overtime for time spent caring for Charro at home.

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.