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FLSA

How should we handle exempt employees’ sick leave taken under our PTO plan?

05/10/2017
Q. The FLSA requires that we pay the full salary for any week in which the exempt employee performs any work. We have a sick leave plan for all employees included in our paid time off—or PTO—plan. If an exempt employee calls off sick, we dock her PTO available, which includes sick or vacation. In other words, our PTO isn’t split into sick and vacation pay. Can we dock this bank until it’s gone before we pay her for nonwork days?

Comp time could become option for most employers

04/27/2017
A bill working its way through the House of Representatives would allow private-sector employers to offer comp time in lieu of overtime pay.

Overtime rules still dead, hearing delayed until June 30

04/25/2017
Stop us if you’ve heard this one before: A federal court has agreed to a Department of Labor administration request to postpone its defense of the yet-to-be-enacted overtime rules finalized last year.

Economic test hits brakes on taxi drivers’ contractor claims

04/24/2017
A group of taxi drivers lost their bid to be reclassified as employees. They remain independent contractors.

Carefully track exempt employees’ work, too

04/24/2017
It’s up to the employer to establish exempt status and to provide the proof that the worker did perform exempt tasks at least half the time.

Beware class actions in wage-and-hour cases

04/19/2017
It doesn’t take much for a court to approve a class-action overtime lawsuit if it is clear that a company policy affected everyone in the same job classification.

Texas court says cutting overtime hours may be retaliation

04/12/2017
An employee had alleged Fair Labor Standards Act violations in an overtime lawsuit. Her employer changed its overtime policy—and applied it to the employee and no one else.

Your choice: Keep accurate time records … or let jury decide number of hours worked

04/12/2017
Keep good time records, or expect to fight it out in court if some of your employees allege they weren’t paid for all time worked and are due overtime.

Misclassification can result in double penalty

04/12/2017
Employers that erroneously classify an hourly employee as exempt can expect their mistake to be a costly one. Not only will they have to pay two years’ worth of back overtime, but they’ll probably have to pay double that amount as a penalty for not getting the classification right.

Disney to pay $3.8 million for FLSA violations

03/30/2017
Those Walt Disney World “cast members” sweltering in the Florida sun were losing more than water weight as they pranced through the Magic Kingdom.