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FLSA

Class actions aren’t just for large groups anymore

02/02/2009

When we think of class-action lawsuits, we usually think big. Such lawsuits can involve thousands of employees and millions of dollars. But they can also involve just a handful of employees, as a federal judge just ruled.

Anti-virus software maker must ward off wage & hour suit

02/02/2009

Add another big company to the list of those accused of shorting employees for overtime pay. A sales representative who worked for anti-virus software publisher McAfee recently filed suit claiming it violated the FLSA by failing to pay him overtime.

When in doubt, note multiple FLSA exemptions

01/27/2009

Under the Fair Labor Standards Act, employees fit into one of two general categories—they are either hourly or exempt. But sometimes, an employee’s job may seem to fit into more than one category. If that’s the case, don’t be shy about noting that in the job description.

New Jersey may boost minimum wage to $8.50

01/27/2009

Back in 2005, the New Jersey Legislature enacted legislation raising the state’s minimum wage to a rate higher than the federal minimum wage. Now, with the federal minimum set to go up later this year, a state commission is advocating another boost in the state minimum wage.

Class actions exploded in ’08, employers continue to pay the price

01/27/2009

Employment law class-action litigation is growing at an explosive rate, and the economic meltdown will probably fuel even more lawsuits in 2009. So says a recent report that also predicts far greater financial exposure for employers that must defend their employment policies in court. Here are the gory details.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

Huge Wal-Mart settlement spotlights OT, breaks

01/16/2009

In what’s being described as the largest settlement ever for wage-related lawsuits, Wal-Mart recently agreed to pay as much as $640 million to settle 63 pending lawsuits over wage-and-hour violations.

New minimum wage levels take effect in 11 states

01/16/2009

On Jan.1, the hourly minimum wage increased in 11 states. The federal minimum, currently $6.55 per hour, is scheduled to increase on July 24 to $7.25.

Can we set different sick policies for different offices?

01/16/2009

Q. We have two offices in two different states. In one office, we have a sick leave policy in place because we have exempt employees, and the FLSA requires us to have the policy if we want to dock exempt employees for sick time after they exhaust their sick days. All employees at the second office are hourly, and they rarely call in sick. Can we have a policy at one location and not at another?

Remember to recalculate overtime after bonus

01/15/2009

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.