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FLSA

Job tasks changing? Don’t forget the FLSA

07/13/2009

Employees whose job tasks have changed may now be wrongly classified as exempt from overtime under the Fair Labor Standards Act. That’s a lawsuit waiting to happen, one that could quickly eat up any temporary savings you’re trying to achieve—especially if it turns into a class-action suit.

Lawsuit: Minnesota strippers shouldn’t ‘pay for the pole’

07/08/2009

Exotic dancers at suburban Minneapolis’ King of Diamonds club pay the club a fee of $20 to $100 every night they work. King of Diamonds maintains the dancers are independent contractors and “pay for the pole” in order to earn tips. The club does not pay them an hourly wage. Attorney E. Michelle Drake sees things differently.

Changing an employee’s duties may require changing his FLSA classification

07/06/2009

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities will change frequently. But be aware that such changes could alter an employee’s classification under the FLSA—and open you up to an overtime lawsuit.

When can we legally dock employees’ salaries?

07/06/2009

Q. Under what circumstances can my business make deductions from an exempt employee’s weekly salary without putting the employee’s FLSA exemption in jeopardy?

Public employers not subject to some California overtime, pay rules

06/26/2009

In what may be a classic case of “do as I say, not as I do,” a California appeals court has ruled that public employers in the state don’t have to follow the same state overtime and pay rules that apply to private employers.

After cutting staff, can we require remaining employees to work overtime?

06/26/2009

Q. We recently downsized our department. As a result, the additional workload has shifted to the employees who still have jobs. Can we force those employees to work overtime?

Must we pay employees after an emergency forced us to close the office for a day?

06/26/2009

Q. We closed our offices for a day because of a phoned-in bomb threat, and we sent all our employees home. Do we need to pay them for showing up to work that day?

Minimum wage rising to $7.25; Obama calls for $9.50 by 2011

06/22/2009

Two years ago, Congress passed a three-step boost in the federal minimum wage. On July 24, the last of those increases takes effect, rising another 70 cents to $7.25 per hour. President Obama has advocated increasing the federal wage floor to $9.50 per hour by 2011.

Deducting pay for poor work performance can destroy employees’ exempt status

06/22/2009

FLSA exempt employees must be paid the same salary regardless of the quality or quantity of their work in any given pay period. In other words, employers can’t make deductions from pay for poor work. That’s true even when the compensation comes in the form of an incentive plan.

FLSA exempt salaries: Cutting pay and hours by 20%

06/22/2009

Q. We’ve begun paying FLSA exempt employees 20% less per week and asking them to work 20% fewer hours. Some still continue to work far more hours. Can we legally do this, or must the employees report the actual number of hours they worked on their time sheets, even though they’re only receiving 80% of their regular salaries?