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FLSA

For OT, it’s the truck’s weight classification–not the load–that counts

09/16/2013

Employers have long relied on the truck weight classification—not the actual weight the truck is carrying—to determine whether a driver received overtime. That was recently challenged in a class-action lawsuit.

Don’t expect to get away with paying undocumented workers less than law requires

09/16/2013
In a case that shows courts are losing patience with employers that hire undocumented ­workers and then flout wage-and-hour laws, a federal court has zapped an em­­ployer almost $285,000 in unpaid wages and penalties, and another $150,000 to pay the former em­­ployees’ legal fees.

White House under new pressure to pay interns

09/11/2013
A grassroots lobbying effort led by the Fair Pay Campaign is pushing employers to pay their interns, starting with the White House.

2nd Circuit: CEO can be personally liable for FLSA violations

09/06/2013
Here’s a bit of news you may want to pass on to company executives when explaining why they must comply with the letter and the spirit of the FLSA. Tell them they aren’t just putting company assets at risk, but also their own.

YUM! Brands faces yucky wage-and-hour lawsuit

08/28/2013
The parent corporation for such fast food icons as Taco Bell, KFC and Pizza Hut faces a class-action lawsuit alleging numerous wage-and-hour violations in California.

Good news for supervisors, HR pros: No personal liability under Title VII

08/28/2013
While some federal and state laws allow employees to personally sue their super­visors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.

Is that manager really exempt? Much depends on how she spends most days

08/28/2013
The best approach to classification is to regularly review exactly what employees actually do, day in and day out. Then measure that by what the FLSA regulations say indicates exempt status.

Decision could open door for out-of-court FLSA settlements

08/26/2013

Most federal district courts routinely hold that out-of-court settlement agreements, to the extent that they purport to waive FLSA claims, are unenforceable. That has made it difficult and expensive for employers to resolve pay issues, even when they realize they made a mistake and want to compensate the employee fairly. Last year, the 5th Circuit Court of Appeals took a more pragmatic ap­­proach in Martin v. Spring Break ’83 Productions.

Trying a creative approach to pay? Have your attorney run the numbers to ensure legality

08/26/2013
Before you approve a creative approach to paying hourly employees, be sure to get expert help. That’s essential if your em­­ployees may have to put in more than 40 hours of work per week, because you will have to calculate their regular rate of pay to calculate overtime compensation. And that’s something the DOL wants done right.

Following recent cases, review piece-rate pay & commissions

08/22/2013
In April 2013, a California Court of Appeal decided that automobile service technicians, who were paid on a “piece-rate” basis, must also be paid at least the minimum hourly wage for the time that they are required to wait between their piece-rate-paid repair jobs. On July 19, the California Supreme Court refused to review the appeal court ruling, making it binding law.