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FLSA

No pay due for time spent putting on standard safety gear

08/01/2007

In 2005, the U.S. Supreme Court issued a major decision on the applicability of the Fair Labor Standards Act  to paying workers for the time they spend putting on and taking off safety gear. Since then, employers have been understandably nervous about when to start paying …

New minimum-Wage law: Beware the ‘Poster pretense’

08/01/2007

With a new federal minimum wage kicking in July 24, it’s time to change your FLSA poster. Your inbox (both e-mail and on your desk) is probably overflowing with offers from organizations hoping to sell you such posters.

Domestic service employees exempt from overtime

08/01/2007

While the Fair Labor Standards Act’s (FLSA) overtime provisions apply to the vast majority of employees in the United States, there are some exemptions …

Unpaid intern not eligible for workers’ compensation benefits

08/01/2007

Employees who are hurt on the job are entitled to workers’ compensation benefits, and so are some volunteers. But unpaid interns don’t meet either definition …

Insurance carrier claims it didn’t understand policy

08/01/2007

Farmers Automobile Insurance Association (FAIA) failed to pay overtime to its claims adjusters in violation of the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Act …

Judge to Del Monte: Prepare for discovery south of the border

08/01/2007

Mexican workers who worked for Del Monte Fresh Produce, Inc., have filed a class-action suit alleging the company violated the Fair Labor Standards Act when it failed to properly pay the workers their wages …

As the employer, it’s up to you to prove overtime exempt status

08/01/2007

Under California law, employees are entitled to overtime payments unless the law exempts them from protection. But It’s up to employers to justify each exemption they claim …

Attention Wal-Mart managers: Beware of class-Action lawsuits

08/01/2007

Over the past few years, large companies such as Microsoft, Abercrombie and Fitch, Intel, Federal Express, UPS, IKEA and Burger King have been involved in multimillion dollar class-action lawsuits for violating state and federal wage-and-hour laws. Now add Wal-Mart to that list …

Hourly bonuses for salaried employees?

08/01/2007

Q. I employ a physical therapist on a salaried basis, making her an exempt professional under the Fair Labor Standards Act (FLSA). Can I pay her an hourly bonus without causing her to lose the exempt status? …

Document elements of exempt position to knock down FLSA claims

08/01/2007

Winning Fair Labor Standards Act cases involving employees who claim they shouldn’t have been classified as exempt usually means being able to document exactly what employees do on the job and the conditions under which they work …