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FLSA

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?

How to apply FLSA’s administrative exemption

02/22/2010

Employers that want to avoid paying overtime to white-collar workers often invoke the Fair Labor Standards Act’s administrative exemption. For the administrative exemption to be legitimate, all of the following must be true:

Don’t try to avoid OT pay by misclassifying technicians as exempt professionals

02/22/2010

If you classify some employees as exempt under the Fair Labor Standards Act’s professional exemption, make sure their jobs truly meet the criteria. Otherwise, you risk a potential wage-and-hour lawsuit for unpaid overtime.

SoCal grocery chain fined for teen labor hazards

02/22/2010

The Superior Super Warehouse chain of grocery stores must pay $79,200 in penalties for allowing teenage employees to operate dangerous equipment. The U.S. Department of Labor cited the chain for violations of the Fair Labor Standard Act’s child labor provisions at 33 stores in Southern California.

Workers coming in early to fire up their computers? You must pay them

02/18/2010

If your managers tell employees to show up a little early to start their computers and get ready to work, that time must be compensated. That’s true even if you don’t absolutely demand early arrival, but internal systems make it tough for employees to begin their shifts if they don’t arrive early.