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FLSA

Don’t dock employees for time worked

05/01/2004

Q. We give employees the choice of using two 10-minute breaks each day or combining them into one 20-minute lunch break. The employees are required to punch out and in for these breaks. Now, we have a policy that docks employees 15 minutes if they’re four or more minutes late returning from a break. Is this legal? —J.B., Texas

Beware Time-Clock Inconsistencies

02/01/2004

Q. Our employees punch in 15 minutes or less before their warehouse shifts begin. We pay them starting at their scheduled start time. Also, our employees are scheduled for 30-minute lunch breaks, but some punch in and out for lunch within 10 or 15 minutes. Our company pays the full lunch time, regardless of what is punched. Is this OK? —J.W., Indiana

Hiring interns? Keep it legal, dude

02/01/2004
Issue: How to avoid the often-overlooked liabilities of using interns in your workplace. Risk: Courts view interns the same as employees, as “agents” of your organization. Plus, you face extra …

Break time must be uninterrupted time

01/01/2004
Spread the word that nonexempt employees’ breaks and meal times should be used for those purposes, not for work. And put the policy in writing. That may force you to juggle …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004
The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Labor readies final overtime rule; Congress steps out of the way

01/01/2004
Opponents in Congress recently dropped their opposition to the Labor Department’s proposed rules that redefine which employees qualify for overtime pay.
That clears the way for Labor to release the …

When must you pay people for working while on break?

01/01/2004
Issue: Court ruling adds uncertainty to when you must pay hourly employees for work performed on their breaks. Risk: Liability for back and overtime pay. Action: Urge managers to …

6 ways to determine if you should pay ‘volunteers’

01/01/2004
Issue: More for-profit organizations are using “volunteers” to help in their normal course of business, and they’re taking a legal gamble. Risk: Back pay and FLSA claims. Action: Use …

Don’t try to ‘explain away’ overtime errors

12/01/2003
Counsel your managers to treat overtime complaints with respect, and avoid any cavalier statements or excuses about why someone hasn’t been paid overtime. Reason: You face big risks by making such …

Don’t mandate direct deposit of employees’ pay

12/01/2003
Issue: Some state rules seem to clash with federal rules over whether you can require employees to accept pay via direct deposit.
Risk: By following your state law, in some …