FLSA

General labor doesn’t make manager nonexempt

11/28/2011

Every year, hundreds of retail and restaurant managers sue, claiming they should be classified as nonexempt because they spend almost all their time doing the same kinds of tasks their subordinates do. But that’s not the test. In fact, managers often do double duty, performing manual tasks while also managing their workers.

Court eliminates one strategy for ending class-action litigation

11/23/2011

Resourceful defense attorneys have tried a few legal tactics to help employers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.

Update in works for FLSA computer professional exemption

11/23/2011

A bipartisan group of U.S. senators wants to update the definition for computer professionals under the Fair Labor Standards Act. Computer professionals who earn more than $27.63 per hour are currently exempt from the FLSA. But the bill’s sponsors claim the state of computer technology has rendered outdated old definitions of the IT profession.

Don’t let the FLSA’s pay rules snow you under this winter

11/21/2011

Winter isn’t a challenging season just because of the lousy weather. It’s tough on payroll staff, who must ensure that the company’s pay policies jibe with the Fair Labor Standards Act when employees leave early, arrive late or just stay home because of snow. Here are the rules for nonexempts and exempts.

What are the rules on setting a late policy?

11/18/2011

Q. We would like to institute a rule subjecting employees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

$17 million at stake: Are real estate agents nonexempt?

11/18/2011

The California Labor Commissioner is suing ZipRealty Inc., claiming the company owes unpaid wages to hundreds of real estate agents. The lawsuit is seeking minimum wages in excess of $7.5 million, overtime compensation in the amount of $1.25 million—plus damages and penalties of over $9 million.

Stearns bill would eliminate low wage for disabled

11/09/2011

Rep. Cliff Stearns, who represents Florida’s 6th Congressional District, has proposed legislation to amend the Fair Labor Standards Act, abolishing a provision that lets employers pay less than the minimum wage to some disabled workers.

Misclassification could cost Dayton cable firm $1.6 million

11/07/2011

A federal judge has sided with the U.S. Department of Labor in an employee misclassification lawsuit against Fairfield-based Cascom, which lays fiber-optic lines for Time Warner Cable in the Dayton area.

How to prevent costly FLSA mistakes with holiday pay & scheduling

11/03/2011

The time between Thanksgiving and New Year’s is a busy time for many HR departments. Questions regarding overtime, holiday pay and seasonal hires often arise. As long as you know the FLSA rules on holiday pay and holiday scheduling, you’ll skate through the season in good cheer.

Defying expectations: Why failing to live up to stereotypes won’t make worker’s suit a winner

11/01/2011

A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.