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FLSA

Employee or contractor? Failing to check can double damages

01/01/2002
Bell Atlantic Corp., now Verizon, hired drivers for its senior executives. While some drivers were considered Bell employees, others were independent contractors paid a flat hourly rate. They had to carry …

Deciding who’s exempt? Focus on employee’s duties, not job title

12/01/2001
Twenty former Tennessee Valley Authority (TVA) employees won back overtime pay when they sued under the Fair Labor Standards Act. The workers successfully argued that they were wrongly classified as exempt …

Paycheck problems: Know limits on deductions, promptness of pay

12/01/2001
Two mistakes with Trina Richardson’s final paycheck cost her employer, an Oregon credit union, more than the check itself. Here’s where the company went wrong: Improper deduction. The credit union …

Exempt or not? ‘Primary duty’ isn’t a time test

11/01/2001
Michael and Constance Baldwin agreed to manage an RV park for a joint salary of $2,400 a month, plus on-site housing. They were on call 24 hours a day. After …

Egg on their faces: Mistakes in paying cooks cost $2.8 million

11/01/2001
Employers who misclassify workers as exempt continue to be hit with big-dollar court awards. In a recent decision, a federal court ordered owners of more than 100 Waffle House restaurants …

Keep Control Over Comp-Time Accumulation

11/01/2001

Q. We have an exempt supervisor who’s accumulated more than 400 hours of comp time over the past year. It’s almost impossible for her to take 400 hours of comp time and do her job. What is our obligation to pay for this comp time? How can this issue best be resolved? —G.H., California

Lack of time records voids exemption argument

10/01/2001
No matter how long it took Tracy Klinedinst to paint a car, he was paid based on a standard industry estimate used by auto repair shops and insurance adjusters. While his …

Beware of sick leave policies that allow pay reduction of exempt

10/01/2001
To protect employee exemptions from overtime, make sure your sick leave policy defines which classifications would not be subject to pay deductions. In 1997, the U.S. Supreme Court said employees …

Keep staff on site, but off clock, during meals

09/01/2001
Corrections officers in Pima County, Ariz., couldn’t run out to Burger King at lunch. During their half-hour lunch break, they were relieved of their duties but still had to stay on …

Overtime: Pay it now or pay it after a lawsuit

09/01/2001
Before you pile extra work on employees without paying overtime, make sure you’ve correctly classified your workers. A California jury recently ordered Farmers Insurance Exchange to pay overtime to 2,400 …