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FLSA

Noncompliant gas stations better pump up pay

05/27/2011
New Jersey is one of two states in the country where motorists may not pump their own gas. Now the DOL has launched an investigation into whether those full-service pump jockeys are receiving their full pay.

Tales from the front lines …

05/27/2011
Mexican food is great, but is it art? A cook sued his former em­­ployer, a Mexican restaurant, for un­­paid overtime. The owners put forth a creative defense: that the cook was exempt from the FLSA overtime requirements because he was a “creative professional.”

The 8 most common overtime errors and how to fix them

05/17/2011
If your company is like most and cutting costs is a top priority, reducing overtime expenditures can make a big difference. Be careful with how you go about reining in overtime, though. Here are the eight most common OT errors you must avoid.

Stop off-the-clock work with strong OT rules

05/17/2011
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:

Use tip credit for some pay? Beware requiring ‘substantial’ work that doesn’t generate tips

05/11/2011
Employers must be careful not to give tipped employees too many additional duties to complete before, during or after their tip-generating activities. If more than about 20% of their time is spent on such activities, you may have to pay them the full minimum wage for those hours, regardless of how much they earn in tips during the shift.

DOL dogs animal hospital to make good on OT violations

05/06/2011
Pleasant Run-based Hamilton Avenue Animal Hospital faces a wage-and-hour lawsuit after a U.S. Department of Labor investigation found the owners forced employees to pay back overtime they had received.

Undocumented workers can still win overtime suit

05/05/2011
The immigration status of employees is irrelevant when it comes to their ability to file and win Fair Labor Standards Act lawsuits, as a new case shows.

Mexican food: Sure it’s nice, but is it art?

05/04/2011
The owners of a restaurant, apparently attempting to capitalize on the growing popularity of cooking as art, have lost their argument that a cook is exempt from overtime under the Fair Labor Standards Act.

Dallas company stiffed workers, now will pay back overtime

05/03/2011
A staffing company that provides workers for major hotels in the Dallas-Fort Worth area has agreed to pay more than $242,000 to employees after a U.S. Department of Labor investigation uncovered Fair Labor Standards Act violations.

The HR I.Q. Test: May ’11

05/02/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …