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Wages & Hours

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.

Limiting on-call activity? Pay for that time

08/22/2013
The California Court of Appeal has held that employees need to be compensated for “on-call” hours if the employer substantially restricts their ability to engage in nonwork activities. However, employers may exclude eight hours of sleep time from 24-hour shifts, if an agreement between the employer and employee calls for it.

New Flyer signs new union pact with St. Cloud workers

08/20/2013
Bus manufacturer New Flyer has agreed to a new contract with unionized employees at its St. Cloud plant. The four-year agreement provides annual wage increases of 2.5% in the first two years, 2% in the third and 2.25% in the fourth year. The pact also freezes entry-level wages and increases the amount of time it takes new employees to max out on pay.

Austin settles with UAW local, ending drawn-out negotiation

08/20/2013
The city of Austin has settled a long-running labor dispute with its street, wastewater treatment, and parks and recreation workers represented by the United Auto Workers union. For three years, the two sides clashed over payday schedules, overtime and alleged salary structure inequities.

Rules against off-the-clock work don’t end OT claims

08/20/2013
Most employers have strict rules against working overtime without authorization. They use time clocks or other tracking systems to keep accurate records. But what if supervisors tell employees to work before they clock in or after they clock out?

Hell hath no fury like an English major scorned

08/13/2013
Publishing giant Condé Nast is being sued by two college students who allege they were illegally underpaid while interning at two of the company’s flagship magazines.

What are the rules for compensating nonexempts for overnight travel?

08/07/2013
Q. Several of our employees will be required to travel to another state for a seminar. What’s the rule for compensating nonexempt employees who take overnight business trips?