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FLSA

Commission-based staff: Paid for training time?

08/01/2011
Q. We have medical providers at our clinic who are paid straight commission based on the number of patients treated and the treatment cost. Sometimes, they block time out of their schedules to attend training on laser techniques or continuing medical training for their licenses. I know that most employees must be paid for training time, but this is different. Do we have to pay them?

Must we pay for pre-shift talk?

07/26/2011
Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?

How should we pay if our time clock breaks?

07/26/2011
Q. Because of a time-clock malfunction, we couldn’t determine how much pay we owed some employees. What is our obligation to pay employees if we can’t calculate the exact number of hours worked? Is there any penalty for the delayed payment?

FLSA beef stirs up lawsuit against Panda Express

07/26/2011
The Chinese fast-food chain Panda Express faces a national overtime lawsuit after a federal district court judge in New York ruled the case could move forward as a class action.

4 OT rules that put a stop to off-the-clock work

07/25/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime

Technology can transform exempt status

07/25/2011
As work becomes more technologically driven, employees are seeing their job responsibilities change. Be aware that technological advancements in a job can also change an em­­ployee’s status under the Fair Labor Standards Act from an exempt to a nonexempt worker—or vice versa.

Can we offer pizza instead of pay when employees must work through lunch?

07/19/2011
Q. Occasionally, when we receive a big order, our nonexempt employees are required to work through their lunch break. Although we do not pay them overtime for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?

State pay law now covers out-of-state employees working in California

07/19/2011

A unanimous California Supreme Court has ruled that California-based employers must pay out-of-state resident employees based on the provisions of the California Labor Code, even if those employees only visit the state on a limited, temporary basis. The decision is worrisome for multi­state employers because it may open the door for more employee lawsuits seeking the generous protections offered by California law.

Classifying employees? Examine specific tasks

07/19/2011

Courts are becoming more reluctant to authorize massive class-action lawsuits. Example: A federal court has ruled that assistant restaurant managers who believe they were misclassified must bring individual lawsuits. They can’t proceed as a class. The practical impact: Most likely, lower damages.

New FLSA regs mean it’s time to review wage-and-hour practices

07/13/2011

New regulations implementing the FLSA are now in effect, and they mark a significant change in federal wage-and-hour rules—and how the DOL enforces them. The new regulations were created to make FLSA regulations consistent with changes driven by other applicable federal laws. Be mindful of these new regulations and the additional burdens they impose.