• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FLSA

New rules haven’t eased exempt/Nonexempt confusion

04/01/2007

Amid much fanfare, the U.S. Labor Department in 2004 rewrote the rules that determine which employees are exempt from the Fair Labor Standards Act (not eligible for overtime) and which are nonexempt (eligible for overtime). The goal was to ease confusion and lawsuits. But, so far, that hasn’t happened …

Must we pay hourly worker for drive to conference?

04/01/2007

Q. Recently a nonexempt employee left from work to attend a two-day conference. She left at 2:30 p.m. and arrived at the location at 5:00 p.m. I interpret that we should pay for eight hours since her travel was from the work location and within normal work hours. The next day, she left the conference at 4:15 p.m. and arrived back in town at 7 p.m., but she didn’t stop at the office. Since travel time is outside of normal (8:00 a.m.–4:30 p.m.) work hours, is she paid for travel time or just for work hours attending conference? —M.B., Georgia

More clarity on the partial-Day deduction rule

04/01/2007

Q. I have a question about deducting leave for salaried staff. I don’t understand how we can deduct from employees’ paid-leave bank when they are gone for an hour or two during the day, when we don’t pay them anything extra when they work 50 hours in a week. For example, if an employee works 10-hour days on a regular basis, is it OK to charge her vacation time when she leaves an hour or two early? — J.H., Minnesota

Are certain industries exempt from the FMLA?

04/01/2007

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

Automatic deductions for mealtime: Legal, but dangerous

04/01/2007

Take note if you automatically deduct meal periods from your hourly employees’ total hours worked: Although making that deduction isn’t technically illegal and doesn’t by itself violate the Fair Labor Standards Act, it’s a dangerous practice …

Johnnie Cochran’s law firm takes aim at poultry processors

04/01/2007

The Cochran Firm, founded by the late Johnnie Cochran of O.J. Simpson-defense fame, has set its sights on the poultry-processing industry, filing lawsuits for back wages and other workplace violations …

Florida’s climate is right for overtime lawsuits; build your defense

04/01/2007

That dedicated employee working through her lunch period, even though she’s clocked out, could be a Florida employer’s biggest future liability …

How to Comply With Federal Teen-Labor Rules

03/15/2007
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Employment Laws: Compliance Thresholds

03/15/2007
White Paper published by The HR Specialist, copyright 2007 ______________________ Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply […]

Do help-Desk workers qualify for the computer exemption?

03/01/2007

While the Fair Labor Standards Act says certain computer professionals are exempt employees, be ultra-cautious about applying this exemption. Courts are littered with cases of employers being punished for wrongly applying exempt status to lower-level IT workers, such as help-desk staff (aka “IT support specialists”) …