FLSA

9th Circuit: Pharma reps are salespeople

03/22/2011

Typically, federal courts tend to uphold the U.S. Department of Labor’s interpretations of the Fair Labor Standards Act. But now the 9th Circuit Court of Appeals has rejected the DOL’s interpretation of what it means to be an outside salesperson under the FLSA.

Extremely small businesses may not be bound by FLSA minimum wage, overtime rules

03/16/2011

Almost everyone assumes that all employees are covered by the federal FLSA. But in some rare circumstances, employees in very small and distinctly local businesses may not be entitled to minimum wage or overtime. If the business does not earn at least $500,000 in gross annual revenue—the minimum for an entire enterprise to be covered by the FLSA—then some employees may not be covered either.

Regularly review FLSA exempt/nonexempt status

03/16/2011

Perhaps nothing strikes more fear in an HR manager’s heart than learning that employees have filed a class-action wage-and-hour lawsuit alleging they were improperly classified as exempt employees. Your best defense is to be proactive about pay issues. Conduct regular reviews to make sure positions throughout your organization are properly classified as hourly or salaried.

What are the new rules affecting breastfeeding?

03/14/2011

Q. What does the Break Time for Nursing Mothers Law (also known as the Nursing Mothers Law) contained in the Affordable Care Act (ACA) require of employers?

Is it OK to pay an exempt employee an hourly wage for taking on nonexempt work?

03/14/2011

Q. We recently advertised internally for a current employee to do six to eight hours per week of office cleaning for an hourly wage. An exempt employee responded indicating that he would like the extra pay. Is it OK to pay him the hourly rate for his share of the cleaning work in addition to his salary?

Employees’ pockets picked while being frisked?

03/04/2011

Employees at Century 21 Department Stores in New York City and Long Island undergo searches every time they leave the store for breaks and at the end of the day. They say the process sometimes takes 15 minutes or longer. The problem: Century 21 makes them clock out first. Employees say that violates the FLSA.

Will bonuses affect employees’ ‘regular rate’ when calculating overtime pay under the FLSA?

03/04/2011

Q. We want to offer incentive bonuses to hourly workers in order to increase business and productivity. Will these bonuses affect the employees’ “regular rate” under the Fair Labor Standards Act (FLSA) for purposes of overtime calculation?

Welcome to HR Professionals Week: Monday, Feb. 28

02/28/2011

Welcome to HR Professionals Week, the second annual celebration of the people who make America’s workplaces productive, successful and fulfilling. Each day this week, we’re presenting a virtual gift basket of free skill-building training tools! Just click on the links to download!

$1 million more in OT for Fort Irwin contractors

02/24/2011

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Should we pay for training time?

02/23/2011

Q. Occasionally, we offer in-house training and development programs for our employees. The training is strictly voluntary and isn’t conducted during normal working hours. Our company has never paid employees for the time spent attending such training. Is that legal?