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FLSA

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?

06/28/2012
Q. Our employees work irregular schedules. They may work for two weeks and then be off for three. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate?

What are the perils of inconsistent comp time?

06/28/2012
Q. Our employee manual doesn’t address compen­satory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some, but not to ­others. Can we negotiate our own terms with each employee?

Thinking about shrugging off employee suit? Then think about writing a really big check

06/27/2012
Here’s a caution for employers tempted to ignore a wage-and-hour lawsuit: Do so and you might as well just admit to the employees’ allegations. All the court has to do is determine the damages—plus figure out how much in legal fees the employer owes the employees.

Make sure time records can withstand scrutiny

06/27/2012

Employers are responsible for keeping track of the hours and minutes their employees work. If they can’t show their records are accurate, an underpaid overtime case can get costly. That’s because—absent reliable employer records—courts will let employees fill in the timekeeping details.