FLSA

Compulsory call-Out doesn’t automatically mean paid wait time

06/11/2008

Some industries are prone to emergencies that suddenly increase the workload. And some companies insist that all employees be available by phone or other means at least part of the time. That doesn’t mean, however, that those subject to a mandatory call-out must be paid for the time they spend waiting for a call …

Must we pay for unapproved overtime?

06/11/2008

Q. Our company requires employees to obtain their supervisors’ prior approval for all overtime. Our management takes the position that it does not need to pay overtime if employees don’t get approval first. My understanding is that all hours worked must be paid. Which is correct? …

Minnesota Supreme Court clarifies employer penalties

06/10/2008

The Supreme Court of Minnesota has issued a decision clarifying penalties under the Minnesota Fair Labor Standards Act (MFLSA). The ruling makes it clear that employers that don’t follow the law and don’t maintain the required wage-and-hour records may face large fines payable to the state …

No unjust enrichment claims allowed in state and federal FLSA cases

06/10/2008

Sometimes, attorneys representing disgruntled employees will try anything to make the charges stick. Now the federal district court in Minnesota has ruled that plaintiffs can’t add state unjust enrichment claims to standard overtime claims under the federal FLSA and Minnesota’s similar state law …

Hourly pay for highly paid workers

06/03/2008

Q. We want to hire certain highly paid workers at an hourly rate, but we don’t want to pay overtime at time and a half. These workers would perform exempt duties for purposes of the Fair Labor Standards Act. What are our options? …

Instruct supervisors to prohibit working off the clock

05/30/2008

A Fair Labor Standards Act (FLSA) overtime claim is one of the most dangerous lawsuits employers can face. If one or two employees claim they worked off the clock before or after punching the time clock, their attorneys may try to represent every employee companywide who did the same thing …

Seasonal employees and overtime pay

05/30/2008

Q. What are “seasonal employees”? Is it true that an employer does not have to pay them overtime?

Does your organization use volunteers or interns? Know the employment law implications

05/28/2008

This is the time of year when college students start serving summer internships. Often, students offer to work without pay just to get the experience. But does this influx of possible free labor carry hidden risks? Perhaps …

Tyson Foods beset by another overtime lawsuit

05/27/2008

Roughly 600 workers at the Tyson Foods meat processing facility in Logansport have filed suit seeking compensation for time they spent preparing for shifts and cleaning up afterward. The lawsuit is the latest in a string of “donning and doffing” overtime suits against Tyson and others in the meatpacking industry over what constitutes “compensable” activities …

Misclassifying employees an expensive mistake for Madison firm