FLSA

Could your time records withstand scrutiny?

07/27/2012

If you can’t show your time records are accurate, lawsuits claiming unpaid overtime can get costly. That’s because—absent reliable employer records—courts will let employees fill in the timekeeping details. Make sure your records are easily explained and tamper-proof.

Over time, firefighters change view of overtime

07/25/2012

Five Rockingham firefighters are suing the city, claiming it violated the FLSA when it instituted a new system for calculating overtime in 2010. The change occurred following a lawsuit filed by 10 firefighters in 2009. The city claims the current system is the one firefighters sought in their 2009 suit.

Skokie firm learns the perils of ignoring the feds

07/18/2012

When the U.S. Department of Labor filed a complaint on behalf of misclassified workers at Skokie Maid and Cleaning Services, the company failed to file a response of any kind. Now it’s on the hook for more than a half-million dollars following a default judgment for the workers.

Make sure rigorous performance expectations don’t drive employees to work off the clock

07/16/2012

You may be tempting fate—and a Fair Labor Standards Act class-action lawsuit—if you demand so much productivity from employees that they can’t reasonably get everything done within the time you allow. The problem: Employees may feel compelled to work off the clock.

School’s out: Know federal, state restrictions on youth employment

07/13/2012

Summertime is when employers can capitalize on an influx of eager school-age workers looking for seasonal jobs. Summer jobs can be great for both young workers and employers, but you should be mindful of federal and state child labor laws.

DOL makes Gainesville eatery pay more than just tips

07/12/2012

“Nopalera” is Spanish for a “patch of prickly cactus.” That’s exactly where the owners of a Gainesville restaurant called La Nopalera found themselves after the DOL discovered they weren’t paying wages to Hispanic employees, making them work for tips alone.

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

07/05/2012

Determining the amount of overtime pay depends on identifying an employee’s hourly rate for the first 40 hours. That can sometimes be more complicated than it sounds, especially for organizations that pay their hourly employees a set amount for their entire workweek, including overtime.

Supreme Court: Pharmaceutical reps exempt from FLSA OT rules

07/03/2012

The U.S. Supreme Court in June ruled that pharmaceutical sales representatives are indeed outside salespeople under the terms of the Fair Labor Standards Act in a case that could have far-reaching effects on other wage-and-hour issues.

Supreme Court: Pharmaceutical reps are outside salespersons

06/28/2012

The U.S. Supreme Court has ruled that pharmaceutical sales representatives qualify as exempt outside salespeople under the FLSA, even though they technically can’t and don’t sell anything. While this case directly affects drug companies, it could have a wider impact.

How should we pay for fluctuating workweek?