FLSA

FLSA administrative exemption doesn’t require employee to meet all examples in regulation

10/11/2011

Here’s some good news for employers that classify workers as exempt under the FLSA’s administration exemption: Contrary to what some attorneys have been attempting to argue, employees don’t have to perform all the functions listed in the DOL regulations, just one.

DOL to tighten child labor rules for farm workers

10/05/2011

Last month the DOL proposed changes to child labor regulations for agricultural workers. The proposal would bar employees under age 18 from working in certain jobs, including grain elevators, silos, feed lots and stockyards.

Can bonuses affect overtime calculations?

10/04/2011

Q. We wish to offer a variety of incentive bonuses to hourly workers in an attempt to increase business and productivity. Will these bonuses affect the employees’ “regular rate” under the Fair Labor Standards Act FLSA for purposes of calculating overtime?

Beware the tipping point: Setting up tip pool often requires expert legal advice

10/04/2011

Restaurants that use tip pools and rely on the tip credit to justify paying their employees $2.13 per hour rather than the minimum wage of $7.25 per hour often grapple with which employees can be included in the pool. It’s not always clear.

What are the rules on setting a late policy?

10/03/2011

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?

What can we do about an employee who racked up hours of unauthorized overtime?

09/28/2011

Q. We orally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do?

Feds offer partial amnesty for contractor misclassification

09/27/2011

If you’ve been worried that some of your workers may be incorrectly classified as independent contractors, but leery about opening a legal can of worms to fix potential problems, Uncle Sam is offering to cut you a break. Learn about a new program designed to help you get your records in order—and avoid penalties.

Internships aren’t ‘free labor’ if they violate the FLSA

09/27/2011

Hard times have forced older workers to try the intern option. Fearing that employers shun applicants with long, unexplained career gaps, ambitious but unemployed people are opting for unpaid internships. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.

4th Circuit: You don’t have to hire applicant who sued former employer for FLSA violations

09/22/2011

The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.

Does San Francisco car wash soak its Latino workers?

09/20/2011

The city of San Francisco has filed suit against a car wash for overtime and waiting-time violations. City Attorney Dennis Herrera and La Raza Centro Legal allege that Tower Car Wash, which has a contract with San Francisco to wash city-owned vehicles, failed to pay employees for the hours between when they arrive at work and when they’re permitted to clock in.