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FLSA

FLSA lawsuit cocktail: Hourly staff mixing work, lunch

09/18/2009

When is your most diligent worker also your biggest lawsuit risk? Answer: When that nonexempt employee works through his or her lunch break or during other off-the-clock hours—a fact nobody realizes (or turns a blind eye to) until he or she sues for unpaid overtime.

Can person be employee and independent contractor?

09/18/2009

Q. One of our full-time hourly employees has started a cleaning business on the side. We pay her a set amount for cleaning the offices on the weekend. Since this is an entirely different position, can we pay her as a 1099 independent contractor for the cleaning work if she’s also a full-time employee?

Hourly employees and off-site e-mail access: What are the wage-and-hour rules?

09/14/2009

Q. Several of our hourly employees have requested access to their office e-mail from their iPhones, BlackBerrys and other similar devices. We are inclined to allow this access, but want the employees who receive access to sign express waivers to the effect that they will not be “on-the-clock” while doing so. Can we legally require such a waiver?

Personal liability for wage claims

09/14/2009

Q. The attorney for one of my former employees sent a letter demanding payment for overtime compensation. The letter threatened to sue me personally, along with my corporation. I understood that only the employer—the company—and not the CEO or owners of the corporation could be sued under employment discrimination laws. Can I be sued personally for wage-and-hour claims?

Tread carefully when factoring employee travel expenses into pay calculations

09/10/2009

Here’s a wage-and-hour problem that may trip up Minnesota employers: Employees who have to pay their own travel expenses may end up making less than minimum wage. Allowing this to happen when the expenses exceed $50 may also violate Minnesota’s prohibition on deducting more than that amount for employee expenses.

Reduced hours for exempt employees: Should they continue to fill out time sheets?

09/10/2009

Q. As a cost-saving measure, our company reduced the salaries of exempt employees by 10%. Employees get their salaries regardless of the number of hours they work. We have always asked our employees, though, to fill out a time sheet on which they write down 40 hours every week. Now we will ask them to record just 36 hours on this time sheet. Any problems with this?

Ohio nonprofit busy as wage theft complaints rise

09/08/2009

Several employee advocacy groups are reporting more complaints of workers not getting paid for work they have performed. Many of those complaining are undocumented workers who fear being deported. Advocates say they often have to persuade illegal immigrants that wage-and-hour laws cover them, too, and that they have a right to be paid.

What can I do about an employee who refuses to work mandatory overtime?

09/08/2009

Q. Despite the recession, my business is going gangbusters. Instead of having to lay off people, I’m in the position of having to schedule lots of overtime. I have one employee, though, who is balking at having to work more than 40 hours a week. He’s really hurting my production. Do I have any recourse against this employee for refusing overtime?

Recession ‘how-to’: Cutting exempt employee pay, hours

09/08/2009

As the recession drags on, many employers have begun trimming compensation. If you plan to cut pay for exempt employees, do so with care. Handle it wrong, and you could run afoul of the Fair Labor Standards Act, the federal law governing wage-and-hour practices. The worst-case: Cutting pay and hours could turn exempt employees into nonexempt hourly workers.

Tell bosses to tell staff: No working lunches!

09/08/2009

Like most employers, you probably have a rule that tells nonexempt employees they must take their meal breaks. The rule is there to prevent FLSA violations for uncompensated work. But having the rule isn’t always enough—especially if some of your supervisors encourage employees to work during their breaks or turn a blind eye when they do.