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FLSA

Any problem firing employee who wants her exempt classification changed?

08/07/2009

Q. We have an employee whom we have classified as exempt, but wants to be classified as nonexempt and earn overtime. Frankly, she’s become a pain about the whole thing. Can we just fire her?

NYC car washers clean up with $4.7 million in OT settlements

08/06/2009

The parent corporation of several New York City area car washes has agreed to settle overtime claims from 1,187 current and former employees for $3.4 million. Coupled with a previous settlement with 200 workers for more than $1.3 million, Lage Management has paid out more than $4.7 million in back pay and liquidated damages.

Report blasts Austin’s construction safety record

08/04/2009

According to a critical report surveying the construction industry, 20% of Austin-area construction workers last year reported on-the-job injuries that required a trip to the doctor, and 20% of those employees said employers refused to pay their medical bills.

How does the FLSA treat bonuses & overtime?

08/04/2009

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Recession playing havoc with FLSA exemptions

07/24/2009

Are your employees performing the exact same tasks they were three years—or even three months—ago? Probably not. Layoffs have left millions of employees juggling their own tasks as well as those of departed co-workers. One byproduct: When employees’ job duties no longer qualify them as exempt from the FLSA, they can raise the “hourly” flag and sue for unpaid overtime pay.

Help! I’m confused about comp time, flextime

07/24/2009

Q. Can you please clarify if and when we can offer comp time to our employees? What’s the difference between comp time and flextime?

Are we liable for wages we didn’t pay while employee was waiting for drug test results?

07/24/2009

Q. We suspected an employee was using drugs, so we sent him to be tested. We told him he couldn’t work until the test came back in two days. The results were negative. Do we owe him wages for those two days?

Can we cut the pay of maxed-out employees?

07/24/2009

Q. We have some employees who are earning the maximum salary for their job classifications. Can we cut their pay if we feel they’re overpaid?

Turn to legal or immigration experts when facing wage-and-hour complexities

07/24/2009

If you employ seasonal labor, import employees from other countries and make payroll deductions for their equipment and transportation, you may want to hire an expert in visas and seasonal labor. That’s what saved one employer from double damages and an extra year of liability.

Rest easier tonight! You can’t be held personally liable for Title VII violations

07/24/2009

It’s tough being an HR professional during the worst recession in memory. Every day, you have to make tough decisions about pay, hours, layoffs. At least there’s good news from one North Carolina court: HR pros aren’t personally liable under Title VII for any mistake they might make while carrying out their job responsibilities.