FLSA

Can we buy pizza and soda to pay workers for a missed lunch break due to a heavy workload?

01/07/2010

Q. Occasionally, when we receive a big order, our nonexempt employees have to work through their lunch breaks. Although we do not pay them for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?

Closing early due to snow: Must we pay for full day?

01/05/2010

Q. During inclement weather, we sometimes close the office early and send employees home. Do we have to pay them for the whole day?

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

DOL delivers on vow to hire 33% more investigators

01/03/2010

Now’s a good time to double-check your wage-and-hour compliance. The DOL’s Wage and Hour Division (WHD) last month completed its promised hiring of 250 new wage-and-hour investigators—a 33% increase in its investigative force. Plus, starting in early 2010, the WHD will be teaching your workers how to sue.

FLSA: Record-Keeping Requirements

01/02/2010

HR Law 101: The Fair Labor Standards Act requires employers to keep records on wages, hours and other employee data, most of which is generally maintained in ordinary business practice. You do not need to keep the records in any particular form or use time clocks …

Preserve employees’ exempt status; give explicit ‘discretion and judgment’ power

12/31/2009

Be wary of applying the FLSA exempt administrative classification to employees simply because they perform office or nonmanual work directly related to the company’s management or general business operations. Such a misclassification neglects the second part of the administrative-exemption test: that the employee’s “primary duty include the exercise of discretion and independent judgment with respect to matters of significance.”

Internal wage-and-hour complaints don’t count as ‘testimony’ in FLSA retaliation cases

12/24/2009

The Fair Labor Standards Act includes a retaliation clause that bars employers from punishing employees who provide “testimony” in FLSA cases. That doesn’t mean, however, that employees who complain internally about wage-and-hour issues are automatically protected.

Philly area hospital workers lose lunch break, file lawsuit

12/23/2009

Workers at nine Philadelphia area hospitals have filed a class-action overtime lawsuit claiming the hospitals’ practice of automatically deducting lunch periods deprives them of overtime pay.

How should we handle partial days off for our salaried business manager?

12/23/2009

Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. Her duties include personnel, hiring, firing and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). Are we handling this correctly?

Beware professional exemption if college degree isn’t required

12/09/2009

Before concluding that a white-collar and seemingly professional skilled and scientific job is exempt from overtime, get expert advice. Blindly deciding that the job is exempt may mean trouble down the line.