FLSA

Union contract doesn’t cover ‘donning and doffing’? You may not have to pay

01/22/2010

For many employers, it’s hard to imagine any advantage in having a union workplace, so this news may come as a bit of a surprise. At least under some limited circumstances, having a unionized workforce may protect some employers from FLSA lawsuits related to putting on and taking off protective gear before and after a shift.

The DOL is delivering on its vow to hire more investigators

01/20/2010

The threat of more rigorous enforcement—the U.S. Department of Labor now has 250 more wage-and-hour cops—is yet another reason to double-check to see whether your exempt employees are truly exempt.

The HR I.Q. Test: January ’10

01/18/2010

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Must all hours count toward OT ‘total hours’?

01/18/2010

Q. We currently pay employees for time spent driving from the office to work sites. We pay minimum wage for that driving time, but we don’t count those hours toward “total hours” worked for the week. That keeps overtime down because their hours aren’t accumulating until they arrive at the job site. Is this OK?

Before stiffing workers, ask: Do I look good in orange?

01/14/2010

Here’s an important lesson for employers: Judges don’t want to hear any excuses from employers that fail to pay back wages when ordered to do so. In fact, they’re perfectly willing to throw you in the slammer if you do. Example: Recently, the owners of a cleaning service were jailed when they didn’t make court-ordered payments of back wages owed to 385 workers.

Settlement nets more OT pay, vacation for Oakland cops

01/14/2010

The Oakland City Council has tentatively approved a proposed settlement of a wage-and-hour lawsuit claiming city police officers were not correctly paid overtime and were not paid for off-the-clock work.

Workers in early to fire up computers? Pay ’em

01/13/2010

If employers tell their employees to show up a little early in order to start their computers and get themselves ready to work, that time should be compensated. That’s true even if the employer doesn’t absolutely demand early arrival, but internal systems make it tough for employees to begin their shifts if they don’t arrive early.

Can I get online answers to pay questions?

01/11/2010

Q. Can you steer me toward any online information about how to correctly pay employees’ wages?

Independent judgment often key to exempt status

01/11/2010

Smart employers make sure that employees classified under the administrative exemption have the authority to make independent decisions.

Oil rig builder will pay $400K in back wages, OT

01/07/2010

Rife Industrial Marine, a Nederland company that builds oil rigs, has agreed to pay $401,355 in back wages to 567 welders and laborers engaged in offshore construction. A DOL investigation found that the company incorrectly classified some pay as reimbursements for employee travel expenses and failed to pay overtime on those wages.