FLSA

Fixing misclassification? Pay the right amount

10/25/2011

Sometimes, it becomes clear that an employee has been misclassified as exempt when she should really be an hourly employee. Employers that want to fix the situation can do so and avoid a lawsuit by offering the employee double her lost overtime pay, plus interest going back either two or three years depending on how the mistake happened.

Workers required to attend ‘voluntary’ training? Be prepared to pay nonexempt employees

10/18/2011

Do you require or strongly recommend that employees attend training sessions outside their regularly scheduled shifts? If training participants are hourly employees, chances are you will have to pay them for their time. Simply calling the training voluntary isn’t good enough …

Employee said he would do work free? You must still comply with the FLSA

10/12/2011

The Fair Labor Standards Act has been around for many decades, but some employers still think they can circumvent the inconvenient truth that they must pay employees for their labor. If some of your managers share this misconception, the following case may make them change their minds.

Outback’s tip policy: No rules, just wrong

10/12/2011

Outback Steakhouse has agreed to pay $1.25 million to Minnesota employees to remedy what servers at the restaurant chain said was an illegal tip-pooling procedure under state law.

FLSA administrative exemption doesn’t require employee to meet all examples in regulation

10/11/2011

Here’s some good news for employers that classify workers as exempt under the FLSA’s administration exemption: Contrary to what some attorneys have been attempting to argue, employees don’t have to perform all the functions listed in the DOL regulations, just one.

DOL to tighten child labor rules for farm workers

10/05/2011

Last month the DOL proposed changes to child labor regulations for agricultural workers. The proposal would bar employees under age 18 from working in certain jobs, including grain elevators, silos, feed lots and stockyards.

Can bonuses affect overtime calculations?

10/04/2011

Q. We wish to offer a variety of incentive bonuses to hourly workers in an attempt to increase business and productivity. Will these bonuses affect the employees’ “regular rate” under the Fair Labor Standards Act FLSA for purposes of calculating overtime?

Beware the tipping point: Setting up tip pool often requires expert legal advice

10/04/2011

Restaurants that use tip pools and rely on the tip credit to justify paying their employees $2.13 per hour rather than the minimum wage of $7.25 per hour often grapple with which employees can be included in the pool. It’s not always clear.

What are the rules on setting a late policy?

10/03/2011

Q, We would like to institute a rule subjecting employees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

What can we do about an employee who racked up hours of unauthorized overtime?

09/28/2011

Q. We orally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do?