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FLSA

Review exempt/nonexempt status in wake of court decision on administrative exception

04/20/2011
Good news for employers: The Court of Appeal of California has found that claims adjusters are exempt administrative employees not entitled to overtime. The court rejected the notion that all claims adjusters who work for insurance companies are nonexempt employees without regard to the work they actually perform.

Class action could pair employees, contractors

04/14/2011
Do you try to cut labor costs by hiring independent contractors to do employees’ jobs? If so, consider this risk: Both employees and independent contractors who do the same or similar work could join together and sue over unpaid wages and overtime.

Exempt employee does some hourly work? Here’s how to preserve exempt classification

04/14/2011
Here’s some help for HR professionals trying to do all they can to safeguard their organization’s exempt/nonexempt employee classifications—especially in an economic climate that requires companies to do more with less:

2011’s biggest wage-and-hour issues–and what to do about them

04/06/2011

This year is shaping up to be a tough one for organizations worried about employment law issues. So far, the U.S. Supreme Court has decided three big employment law cases—and every time, ruled in favor of employees. The latest expanded employer retaliation liability under the FLSA. But that’s not this year’s only press­ing wage-and-hour problem. Pay atten­tion to these other issues:

Overtime suit takes big slice out of pizzeria

04/06/2011

Mama’s Pizzeria in Copiage will be serving up $780,000 in back pay and liquidated damages to its 40 employees to settle a federal lawsuit. An investigation by Wage and Hour officials found that many of Mama’s employees were forced to work 70 to 80 hours a week without receiving overtime pay.

FLSA violations cost Houston grocer $2 million

04/06/2011
A Houston-based grocery chain, Hong Kong Group Inc., has paid $2 million to settle a lawsuit alleging wage-and-hour violations that involved phony payroll records and attempts to coerce employees into returning pay they had already received.

Supreme Court: Oral complaints have retaliation protection, too

04/06/2011
Employees are three-for-three in employment law cases argued before the U.S. Supreme Court this term, now that the Justices have decided that an employee doesn’t have to complain in writing in order to be protected from employer retaliation.

Justify exempt status to avoid class actions

04/06/2011

It takes just one or two disgruntled employees to start an FLSA class-action overtime lawsuit. Be prepared to fight such lawsuits early and vigorously. Your best bet: Classify employees correctly in the first place.

New Supreme Court ruling expands your potential FLSA liability

04/06/2011
The Fair Labor Standards Act forbids employers from retaliating against workers because they’ve “filed any complaint” about their pay, perks or work conditions. On March 22, the U.S. Supreme Court ruled that such complaints don’t need to be in writing to be considered “protected activity.”

How does FLSA administrative exemption work?

03/29/2011
Q. I think one of our employees falls within the administrative exemption under the Fair Labor Standards Act (FLSA), but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination?