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FLSA

Unpaid interns teach some employers a costly lesson

08/12/2010

For employers and job-seekers alike, unpaid internships seem like an attractive option. But internships come with risks. Before you begin taking on interns, do a thoughtful and careful analysis to make sure state and federal law allows you to classify an individual as an unpaid intern rather than a paid employee.

Federal judge removes lawyers in Target overtime suit

08/12/2010
Halunen & Associates will not represent any of the plaintiffs in Gifford v. Target Corp., a major class-action overtime suit, after a federal judge ruled that the firm’s previous contact with a Target official may have revealed privileged company information.

To cut your risk of FLSA overtime suits, let employees put on uniforms at home

08/12/2010
Here’s a simple risk-reduction measure for employers that require employees to wear uniforms on the job. You can reduce your chances of being on the losing end of a wage-and-hour lawsuit by giving employees the option to suit up at home.

Must we pay workers who have been suspended?

08/06/2010
Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave?

Guard against punishing FLSA whistle-blowers

08/02/2010
The Fair Labor Standards Act makes it illegal to punish an employee who reports violations, real or perceived, to the U.S. Department of Labor. If you learn about such a report, don’t punish the messenger. Address the complaint.

DOL’s advice: Think twice before using interns as free labor

07/27/2010

On paper, internships are good for everyone. Interns learn a business and make connections in organizations where they hope to one day get jobs. In turn, businesses pay nearly nothing for work that needs to be done. However, the U.S. Department of Labor recently issued a fact sheet that casts that equation into doubt.

DOL’s Trojan horse: ‘We’re from the DOL and We Can Help’

07/27/2010

The DOL is stepping up efforts to encourage and support certain types of wage-loss claims by low-income workers. Labor Secretary Hilda Solis announced this spring that the department was rolling out its “We Can Help” campaign to address this issue. If you employ relatively low-wage workers, you need to be aware of this program.

How to comply with new lactation break and facility rules

07/23/2010
Hidden deep within the recently enacted health care reform legislation is a provision that garnered neither debate nor controversy in the media or the halls of Congress. The law amends the FLSA to require large employers to provide lactation breaks and facilities for employees who are breastfeeding.

Can we discipline exempt workers for attendance?

07/22/2010
Q. We require all employees to be in by 9 a.m. One of our exempt employees is constantly late. Can we discipline exempt employees for poor attendance?

How much can tip credits offset our minimum wage obligations?

07/20/2010
Q. We have always paid our waiters less than the minimum wage because of the tips they earn. Are we permitted to count tips as part of the minimum wage as long as we notify our employees of this practice and their actual tips equal or exceed the tip credit?