FLSA

FLSA doesn’t cover claims for distress, punitive damages

01/07/2011

Employees who win Fair Labor Standards Act lawsuits over wage-and-hour violations can only collect damages based on concrete and real losses. They can’t collect emotional or punitive damages on top of other damages.

DOL teams up with ABA–expect more FMLA, FLSA suits

01/07/2011

Since Dec. 13, employees with unresolved FMLA or Fair Labor Standards Act complaints with the DOL have been told of another option: a toll-free phone number that can link them to an ABA-approved attorney in their area who could handle their lawsuit.

Exemptions change: Review duties each year

01/05/2011

As employees’ duties change, make sure you regularly update their job descriptions to reflect realities on the ground. Then use those job descriptions to see if they are still properly classified under the FLSA. Don’t rely on an analysis that’s even a couple of years old. As this case shows, even an analysis provided by the DOL isn’t safe.

Must we pay for restroom breaks?

01/04/2011

Some breaks are required by law … and some are required by biology. Are employers required to pay when employees answer nature’s call?

ABA/DOL partnership: ‘New sheriff’ gets a deputy, which could trigger more FMLA, FLSA lawsuits

12/30/2010

Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.

Snow day pay: Can we dock for tardiness, no shows?

12/23/2010

Q. We dock hourly employees who arrive late for work, but not our exempt employees. There’s quite a bit of resentment about this policy, especially since over time our exempt employees have been extending the time it takes them to get to work during inclement weather. We know we can’t dock exempt employees if they make it in during snow days, but can we discipline them?

Does religious accommodation mean paid leave?

12/21/2010

Q. One of our exempt employees has requested a partial day off to attend a religious service and contends that she should be paid for this time off as a “religious accommodation.” Is she correct?

Here’s the right way to recoup training costs

12/21/2010

It’s expensive to train employees, especially if the content is highly specialized. Smart employers protect their investments by getting employees to agree to repay training costs if they leave soon after receiving the valuable benefit. Just don’t mess with the employee’s final paycheck.

DOL teams up with private lawyers to encourage FMLA, FLSA lawsuits

12/14/2010

The DOL has unveiled a first-of-its-kind arrangement: an attorney-referral partnership with the American Bar Association to help more employees file FMLA and FLSA lawsuits. Find details on this new program, as well as links to HR Specialist resources that can keep you from becoming a target of this looming legal dragnet.

Regularly review wage-and-hour compliance

12/13/2010

When an employee hires an attorney, you can bet that the lawyer will go looking for as many legal claims as possible. And high on the list of possible claims are wage-and-hour matters. That’s how something as simple as an unemployment compensation consultation can wind up turning into a major lawsuit.