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FLSA

Know 6 factors that determine independent contractor status

08/11/2011

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the U.S. Department of Labor, which has stepped up efforts to deter misclassification.

Interns aren’t just free labor: How to comply with the FLSA

08/08/2011
With job markets tight and employers shunning applicants with long, unexplained résumé gaps, the ambitious unemployed are opting for unpaid internships. On the surface, that looks like a win-win: The employer gets free labor in exchange for valuable training. The intern also builds skills and prevents big résumé holes. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.

Health system consultants gain class-action status in FLSA suit

08/08/2011
A New York court has granted class-­action status to a lawsuit filed by ben­efits consultants at a subsidiary of the WellCare health system, who allege they were misclassified as exempt.

Worker lost $700: Can we make him pay it back?

08/02/2011
When an employee loses company property or money, what recourse do employers have to recoup their loss? It depends on the applicable state wage law … and on whether you believe the “loss” was really accidental.

Commission-based staff: Paid for training time?

08/01/2011
Q. We have medical providers at our clinic who are paid straight commission based on the number of patients treated and the treatment cost. Sometimes, they block time out of their schedules to attend training on laser techniques or continuing medical training for their licenses. I know that most employees must be paid for training time, but this is different. Do we have to pay them?

Must we pay for pre-shift talk?

07/26/2011
Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?

How should we pay if our time clock breaks?

07/26/2011
Q. Because of a time-clock malfunction, we couldn’t determine how much pay we owed some employees. What is our obligation to pay employees if we can’t calculate the exact number of hours worked? Is there any penalty for the delayed payment?

FLSA beef stirs up lawsuit against Panda Express

07/26/2011
The Chinese fast-food chain Panda Express faces a national overtime lawsuit after a federal district court judge in New York ruled the case could move forward as a class action.

4 OT rules that put a stop to off-the-clock work

07/25/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime

Technology can transform exempt status

07/25/2011
As work becomes more technologically driven, employees are seeing their job responsibilities change. Be aware that technological advancements in a job can also change an em­­ployee’s status under the Fair Labor Standards Act from an exempt to a nonexempt worker—or vice versa.