FLSA

Did child labor penalties just get tougher?

10/12/2010

Q. I heard that the U.S. Department of Labor recently implemented tougher penalties against employers that illegally employ child workers. How have these penalties changed?

What’s the new Illinois minimum wage?

10/12/2010

Q. We’re looking to hire a few new workers. What is the least amount we need to pay them?

Beware legal risk of raising worker’s title in lieu of pay

09/27/2010

With nervous employers still keeping generous raises on the shelf, more are turning to job title promotions to show appreciation. The risk: “If you start inflating titles, the titles themselves don’t reflect the duties of the position … which can cause difficulty separating exempt and nonexempt employees,” says John Skousen, a partner with Fisher & Phillips.

OK to pay commissions on a flat-rate basis–it won’t violate FLSA commission exemption

09/24/2010

For years, the DOL has argued that commissions must be based on a percentage of sales in order to be valid. But now the 3rd Circuit has approved a different form of commissioned sales—one in which employees are paid based not on the total amount of the sale, but on other factors such as whether the sale was made on an outgoing sales call or an incoming one.

Facing class action? Remind bosses: No threats

09/22/2010

It’s frustrating to be sued, especially when it looks like the litigation could become a class-action lawsuit. But warn supervisors: It will only make matters worse if they threaten potential members of the class. Courts want employees to freely choose whether to participate in class actions. If courts suspect that intimidation is a factor, they’ll step in.

Timeshare company to pay $868,000 in back wages

09/21/2010

Orlando-based Central Florida Investments will pay $868,443 in back pay and overtime to 1,065 employees to settle a complaint filed with the Wage and Hour Division of the U.S. Department of Labor.

Docking exempt worker for single day: Is it legal?

09/16/2010

Q. We require exempt employees who miss a full day for any reason to use either a sick day, personal day or vacation day in order to get paid for the full week. Is this appropriate? Is it permissible to pay them for less than a full week of work if they have used all of their paid leave time and still miss a full day of work?

Employees change clothes at work? Heed new pay rules

09/15/2010

The U.S. Department of Labor has issued a new interpretation letter that says time spent changing in and out of “protective clothing” (e.g., helmets, smocks, aprons, gloves, etc.) is considered paid time. Find more details and a link to the DOL letter at www.theHRSpecialist.com/clothing.

Beware legal risk of raising employee’s title in lieu of pay

09/09/2010

With nervous employers still keeping generous raises on the shelf, more companies are turning to job title promotions to show their appreciation. The risk: The titles themselves don’t reflect the duties of the position and required expertise, which can cause difficulty separating exempt and non-exempt employees.

Can we shuffle hours between weeks to avoid OT?

09/06/2010

Q. Employees at our construction company sometimes work more than 40 hours in one week, but far fewer than 40 the next. We have been transferring the extra hours to the next week. Can we do this?