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FLSA

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Problems with obtaining FMLA and wage-and-Hour releases

03/01/2008
There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers …

Texas company settles overtime claims for $1.56 million

03/01/2008
The U.S. Labor Department recently announced that McLane Co. Inc., a Temple wholesale distributor of food and grocery products, has paid $1.56 million to 570 current and former employees for wage and hour violations …

Dow Chemical pays $861,647 in overtime for employee training

03/01/2008
The U.S. Labor Department has announced that Dow Chemical of Freeport paid $861,647 in back wages to 648 operating engineers as a result of a federal investigation …

FLSA doesn’t require pay for optional training that prepares for advancement

02/01/2008

The Fair Labor Standards Act (FLSA) requires employers to compensate employees for any time spent on the job that benefits the employer. There are, however, some exceptions. For example, if employees use their own time to study materials that will qualify them for promotions, that time generally doesn’t have to be paid …

To pay or not to pay for snow days

02/01/2008

Q. Am I required to pay my employees when they miss work due to inclement weather? …

Maintain computer time records to prove overtime hours

02/01/2008

When it comes to the Fair Labor Standards Act (FLSA), unpaid overtime claims are perhaps the most feared charges. It’s important to have solid records showing the hours worked, even for exempt employees. If it turns out the employee should have been classified as nonexempt, you’ll have to provide compelling evidence of the hours the employee actually worked …

Can we impose a disciplinary day off against an exempt employee?

02/01/2008

Q. One of our department managers consistently violates our safety policies. We have written him up before, but that does not seem to get through to him. Our safety consultant has suggested that we give the manager a day off without pay to “send a message.” I am concerned that we may have a problem under wage-and-hour laws—that an employer cannot deduct wages from an “exempt” employee. This manager works long hours, and we do not want to face a claim that we made him a nonexempt employee because of a one-day disciplinary suspension. Your thoughts? …

Power to fire doesn’t qualify worker for executive exemption

02/01/2008

Although U.S. Labor Department regulations say exempt executives must supervise the equivalent of two full-time employees, that doesn’t mean an employee is exempt just because he has narrow authority over all employees within the company …

Employee or independent contractor? Control is key issue

02/01/2008

Employees are entitled to minimum wage and overtime pay under the Fair Labor Standards Act. Independent contractors are not. That difference can save companies hundreds of thousands of dollars on their labor budgets—but only if they really are using independent contractors. But if those “independent contractors” are actually employees, they can sue for unpaid wages and overtime …