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FLSA

Arbitration may not bar class action

02/01/2008

Two managers at Dynamics Research brought a wage-and-hour class-action suit under the Fair Labor Standards Act (FLSA) and Massachusetts law. The company asked the court to throw out the class action because it said it had a “Dispute Resolution Program” that required arbitration and disallowed class-action suits. The managers said the way the company instituted the dispute resolution process made it invalid …

CVS fined for child labor, overtime and timecard violations

02/01/2008

CVS Caremark Corp. was fined $226,000 by the U.S. Labor Department for changing employee timecards and violating child labor laws. The department found 43 violations at stores in Pennsylvania and six other states …

$17,000 brightens day for Worthington mushroom workers

02/01/2008

A group of fired Thai workers have settled an unpaid-wages lawsuit with Creekside Mushrooms of Worthington. The mushroom grower will pay $17,376 in back wages to four workers …

Colorado Child Labor Law

02/01/2008

Besides the federal Fair Labor Standards Act, Colorado employers must also comply with the state’s child labor law, administered by the Colorado Division of Labor …

Minnesota Minimum Wage Law

02/01/2008

Minnesota has a two-tiered minimum wage. Large employers (with annual receipts of $625,000 or more) must pay workers $6.15 per hour. Small employers (with receipts of less than $625,000) must pay $5.25 per hour. But many of those small employers must also comply with the federal Fair Labor Standards Act, which requires paying a minimum wage of $5.85 per hour …

Settle quickly if you’re worried overtime case will expand

01/01/2008

Overtime collective actions represent a growing nationwide trend. These are cases in which one employee claims his employer misclassified him as exempt and owes overtime. The employee also claims to represent everyone else similarly situated. If such a case goes forward, it may mean the employer must pay out thousands of dollars in unpaid overtime. Employers have only one chance to make the case go away …

Caution: ‘Going by the book’ may be retaliation

01/01/2008

When an employee everyone considered loyal suddenly starts complaining to a regulatory agency about alleged workplace violations, it’s natural to be upset. But resist the temptation to send the employee a message by suddenly enforcing the work rules zealously …

Can we reclassify past leave as FMLA?

01/01/2008

Q. If we weren’t immediately aware that the employee’s leave qualified for FMLA leave, can we make his leave retroactive to the first day he took off for the condition? …

Staples settles overtime suit for $38 million

01/01/2008

Staples Inc., the office supply retailer, announced that it will pay $38 million to settle overtime claims brought by California employees. The settlement ended a suit between 1,700 operations and sales managers in California who claimed they were misclassified as exempt executive employees under state law …

Clocking in and out: Can we round up or down?

01/01/2008

Q. My company tracks the hours of nonexempt employees through the use of a time clock. In determining the wages to be paid an employee, can we round up or down to the nearest five-minute increment? …