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FLSA

Incompetence can’t turn manager into hourly

03/02/2012
Sometimes an employee pro­­moted to management just isn’t ready for new responsibilities. Maybe she’s having a hard time thinking like an exempt employee, longing for the days when she was entitled to breaks and overtime. Fortunately, if you discipline such employees for neglecting their duties, they can’t later claim they actually were hourly employees entitled to overtime.

Beware retaliation claim if you punish employee for filing internal wage-and-hour complaint

02/24/2012
In addition to protecting ­­employees’ wage-and-hour rights, the Fair Labor Standards Act protects employees from retaliation for asserting their pay rights. But until now, it was unclear whether it was protected activity to file an internal report that someone within the organization was violating the FLSA. The 4th Circuit has ruled that it is.

Automatic pay deduction for lunch: Is it legal?

02/22/2012
You don’t have to pay hourly employees for meal breaks of 30 minutes or more, as long as they are completely relieved of their duties during the break. Many employers automatically de­­duct the meal period from time worked. But make sure there’s an easy way for employees who occasionally work through their meal breaks to report the additional paid time.

Even after Walmart, some class-actions are legit

02/15/2012
Last year, the U.S. Supreme Court dismissed a class-action sex discrimination claim brought by thousands of female Walmart employees. Now the 7th Circuit Court of Appeals has clarified how far the decision goes in class-action wage-and-hour cases.

FLSA would cover home health care workers

02/10/2012
Under proposed regulations, staffing agencies that send health care workers into clients’ homes would be fully covered under the Fair Labor Standards Act. In-home health care workers who are employed by families would retain their FLSA exemption.

OK to pay salary for nonexempt position?

02/09/2012
Q. We are hiring for a new position that does not meet any exemption under the Fair Labor Stand­­ards Act (FLSA). However, we think there will be more interest in the job if we pay a salary. Can we still compensate on a salary basis even if the position is nonexempt?

‘Black Swan’ interns sue, say they should have been paid

01/31/2012
Fox-Searchlight Pictures faces a class-action lawsuit in New York from un­paid interns who worked on the production of the hit film “Black Swan.” The interns claim Fox-Searchlight failed to pay them for their work in violation of the FLSA and re­­cent DOL guidelines.

President proposes new pay rules for home health workers

01/31/2012
In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the U.S. De­­­part­­ment of Labor to change Fair Labor Stand­­ards Act regulations covering home health care workers.

Get expert help when classifying commercial drivers

01/31/2012
Here’s a bit of advice to any employer using commercial drivers in their enterprise: Before concluding those employees are exempt from overtime under the Fair Labor Standards Act because they’re covered by the Motor Carrier Act, call your attorney.

President proposes new pay rules for home health workers

01/27/2012
In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change Fair Labor Stand­­ards Act regulations covering home health care workers.