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FLSA

Exotic dancers to bosses: Hands off our tips!

03/04/2010

Exotic dancers at the Penthouse Executive Club in New York City’s Hell’s Kitchen neighborhood are suing in Manhattan federal court, claiming their bosses have been raiding the tip box, pilfering money that rightfully belongs to the dancers. They allege the owners sometimes took so much money that some dancers’ pay fell below the minimum wage.

Hiring work-release prisoners? Some aren’t covered by FLSA’s pay, overtime rules

03/01/2010

If you’re considering hiring inmates through a work-release program, carefully weigh whether you will have to pay them as regular employees under the FLSA, or whether you may be able to pay them less. According to a recent 5th Circuit decision, prisoners specifically sentenced to hard labor may not be covered by the FLSA. Their employers may pay them less than minimum wage, and they’re not eligible for overtime pay.

Must we pay for unauthorized overtime?

03/01/2010

Q. Without authorization, one of our employees worked extra hours this week, even though we told everyone they needed approval to work overtime. Are we required to pay overtime for the unauthorized hours?

Must we track hours for exempt salespeople?

02/25/2010

Q. We have salespeople who work on a straight commission basis. Do we need to track their hours?

How to apply FLSA’s administrative exemption

02/22/2010

Employers that want to avoid paying overtime to white-collar workers often invoke the Fair Labor Standards Act’s administrative exemption. For the administrative exemption to be legitimate, all of the following must be true:

Don’t try to avoid OT pay by misclassifying technicians as exempt professionals

02/22/2010

If you classify some employees as exempt under the Fair Labor Standards Act’s professional exemption, make sure their jobs truly meet the criteria. Otherwise, you risk a potential wage-and-hour lawsuit for unpaid overtime.

SoCal grocery chain fined for teen labor hazards

02/22/2010

The Superior Super Warehouse chain of grocery stores must pay $79,200 in penalties for allowing teenage employees to operate dangerous equipment. The U.S. Department of Labor cited the chain for violations of the Fair Labor Standard Act’s child labor provisions at 33 stores in Southern California.

Workers coming in early to fire up their computers? You must pay them

02/18/2010

If your managers tell employees to show up a little early to start their computers and get ready to work, that time must be compensated. That’s true even if you don’t absolutely demand early arrival, but internal systems make it tough for employees to begin their shifts if they don’t arrive early.

Workers in early to fire up computers? You must pay

02/18/2010

If you ask workers to show up a little early to start their computers and get ready to work, be prepared to pay them for that time or risk getting sued. How to avoid such lawsuits: Design better systems so prep time is minimal—but still paid. Or simply start the actual shift a few minutes after paid time begins.

Check CBA for pay rules on safety gear prep

02/12/2010

Sometimes it’s hard to imagine many advantages of being a union workplace, but here’s a bit of good news: At least in some limited circumstances, working under a collective-bargaining agreement gives employers some protection against FLSA lawsuits that demand payment for time spent putting on and taking off protective gear at the beginning and end of the workday.