FLSA

Pay the minimum or more? Broad tip pools OK

03/19/2010

The FLSA has complicated rules for employers that pay less than the minimum wage to staff who receive tips. If tips aren’t large enough, then the employer has to top off the wages so the employee makes at least minimum wage. But what happens if the employer pays the customarily tipped employee minimum wage or more right from the start? That’s the question the 9th Circuit Court of Appeals recently answered for the first time.

Workers ‘illegal’? You still have to pay them

03/12/2010

Employees can always sue if they haven’t been paid for their work—even if they’re in the country illegally and not eligible to work in the United States. Employers can’t use their undocumented status as an excuse for not paying minimum wage and overtime under the FLSA.

When whistle-blower complains, watch out for supervisor retaliation

03/11/2010

When an employee believes it’s necessary to end-run a supervisor to complain about potentially illegal conduct, resist the temptation to ignore the complaint. And whatever you do, don’t tell the whistle-blower to take it up with the supervisor.

How should we handle overtime and holidays?

03/11/2010

Q. I am wondering about rules relating to overtime during weeks with holidays. We pay a higher rate than normal for employees who work on the day of a holiday. Do we need to include the additional pay rate in calculating any overtime owed during the same week? …

Plan for work pile-up following FMLA leave

03/09/2010

In today’s economic climate, you might be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. Especially if you initially believe the employee won’t be gone long, what’s the harm? But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to catch up or else.

Congress’ employment law agenda: 7 key bills to watch closely

03/08/2010

Now that the Democrats have lost their 60-vote supermajority in the Senate, it will be that much more difficult for the Obama administration to make good on many of its pro-employee campaign promises. But this still could be a key year for Democratic plans to revamp our national employment laws. Here are seven key initiatives pending in Congress and what they could mean for your business if they become law.

Exotic dancers to bosses: Hands off our tips!

03/04/2010

Exotic dancers at the Penthouse Executive Club in New York City’s Hell’s Kitchen neighborhood are suing in Manhattan federal court, claiming their bosses have been raiding the tip box, pilfering money that rightfully belongs to the dancers. They allege the owners sometimes took so much money that some dancers’ pay fell below the minimum wage.

Hiring work-release prisoners? Some aren’t covered by FLSA’s pay, overtime rules

03/01/2010

If you’re considering hiring inmates through a work-release program, carefully weigh whether you will have to pay them as regular employees under the FLSA, or whether you may be able to pay them less. According to a recent 5th Circuit decision, prisoners specifically sentenced to hard labor may not be covered by the FLSA. Their employers may pay them less than minimum wage, and they’re not eligible for overtime pay.

Must we pay for unauthorized overtime?

03/01/2010

Q. Without authorization, one of our employees worked extra hours this week, even though we told everyone they needed approval to work overtime. Are we required to pay overtime for the unauthorized hours?

Must we track hours for exempt salespeople?

02/25/2010

Q. We have salespeople who work on a straight commission basis. Do we need to track their hours?