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FLSA

DOL official: Overtime rules coming in late 2016

11/17/2015
Don’t look for release of those controversial changes to federal overtime laws anytime soon.

Employee or independent contractor? Avoiding misclassification

11/13/2015
On July 15, the U.S. Department of Labor issued new guidance regarding the classification of independent contractors as employees under the Fair Labor Standards Act, warning employers that the DOL considers most workers to be employees. Employer liability for misclassification can be substantial, making it crucial for companies to exercise caution when classifying workers as independent contractors.

Software subtracts ‘idle time’? Beware

11/13/2015
If you use an automated system to track how much time your employees are “working” at their computers, be forewarned. Subtracting those minutes from the workday may violate both the federal Fair Labor Standards Act (FLSA) provisions and the Minnesota Payment of Wages Act (MPWA). Employees paid on an hourly basis must be paid for all time worked, and subtracting for so-called idle time without some way for employees to correct their pay may mean litigation.

Must I pay employees for weekend training?

11/12/2015
Q. I have arranged for my nonexempt hourly employees to attend a training session on a weekend, outside of their normal work hours. Must I pay them regular and/or overtime wages for their attendance?

Agencies: Tell staff they’ll get comp time instead of OT

11/12/2015
The Fair Labor Standards Act allows government agencies to offer comp time in lieu of overtime when employees work more than 40 per week. As long as you clearly let employees know that’s how you will treat OT, they can’t complain later.

Strip illegal terms from arbitration agreements

11/12/2015
If you use an arbitration agreement for Texas employees, be aware that including terms that limit the kinds of relief employees can seek in arbitration aren’t legal.

All work, no pay: Intern sues Olsen twins’ fashion house

11/06/2015
A former intern is suing Mary-Kate and Ashley Olsen’s Dualstar entertainment, alleging she received neither pay nor college credit for four months of work. The former intern seeks to make the suit a class action by including 40 other interns.

Fancy title won’t erase overtime eligibility

11/05/2015

Remember: The title that you decide to give an employee has no impact on whether or not she should properly be classified as exempt from overtime pay. What matters are her duties. If they are routine and menial in nature, she’s not exempt, even if she holds a lofty title in the organization.

Pay envelopes a little fatter at Philly direct mail company

11/03/2015
Investigators from the U.S. Department of Labor’s Wage and Hour Division have foiled a joint employer scheme they claim attempted to cheat temporary workers out of overtime pay.

FLSA doesn’t protect every crabby gripe about pay

10/30/2015
Employers can’t retaliate against workers who complain about alleged Fair Labor Standards Act violations. However, not every complaint about pay is protected.