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FLSA

Give contractors plenty of leeway, so it’s clear they are truly independent

08/09/2017
If you plan on using independent contractors to get work done, be sure to grant those workers a great deal of autonomy and freedom to do their work as they see fit. The less effort you make to control how and when they do their jobs, the better off you are.

Reading Market, Pa. businesses settle overtime violations

08/02/2017
Two iconic businesses at Reading Terminal Market in Philadelphia have agreed to pay $660,117 in back wages and liquidated damages to 140 employees who alleged violations of the Fair Labor Standards Act.

House bill introduced to clarify joint-employer relationships

08/01/2017
The contentious issue of joint employment—in which two or more entities may be considered equally liable for employment law and labor law violations—will gain some clarity if bipartisan legislation introduced in the House of Representatives July 27 is enacted.

DOL formally starts process of revising OT rule

07/27/2017
With the July 26 release of what’s known as a request for information, the U.S. Department of Labor officially began a new effort to rewrite the rules that determine which exempt employees qualify for overtime pay when they work more than 40 hours in a workweek.

Take control of hourly abuse! Just banning off-the-clock work isn’t enough

07/21/2017
If you’re like most employers, you want to control who works overtime and when they do it. You no doubt have a sternly worded policy addressing the issue in your handbook. But a strong policy is only half the battle.

Get out your calculator to ensure bonuses comply with FLSA

07/17/2017
Under the FLSA, purely “discretionary” bonuses do not need to be included when calculating the regular rate. “Nondiscretionary” bonuses, however, must be included.

Changing nature of work affects seaman classification

07/12/2017
Generally, seamen aren’t covered by the Fair Labor Standards Act’s overtime provisions. However, it’s not as simple as one might think to decide who should be classified as a seaman.

Be on the lookout! Class-action participants may decide to file individual suits, too

07/12/2017
Ignoring notice about that case may put you on the losing end of a default judgment—or a second round of litigation.

Employees and contractors do same work? Be prepared to justify classifications

07/12/2017
Here’s a warning for employers that have regular employees and independent contractors who perform the same kind of work: If you pay the employees overtime when they work more than 40 hours in a workweek while contractors only receive straight time, you may end up facing a Fair Labor Standards Act class-action lawsuit.

Carefully analyze FLSA categories to make correct exempt/nonexempt call

07/12/2017
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.