FLSA

Resolve to fix classification mistakes now

10/27/2008

Few HR mistakes can blow up faster than the simple misclassification of a nonexempt employee. A single FLSA classification error can easily become an attorney’s meal ticket, as well as an employer’s ticket to the poorhouse. Prevent this costly calamity by regularly reviewing your positions to make sure you have properly classified everyone.

Beware bigger penalties for wage-and-hour claims under N.J. whistle-blower law

10/27/2008

Employees and their lawyers are always looking for more ways to wring money out of employers that make mistakes. The latest trend in wage-and-hour cases, for example, is to file an FLSA lawsuit and then seek to collect additional damages by tacking on additional claims under New Jersey’s Conscientious Employee Protection Act. Here’s how …

Employees may sue for alleged pay promises

10/22/2008

You may not have to pay employees for every task they perform while getting ready to start their shifts. But if those employees can prove you told them they would be paid for that time, you may be liable.

Pa. law allows OT class actions that federal FLSA doesn’t

10/22/2008

Pennsylvania quickly became a go-to state for class-action lawyers after retail giant Wal-Mart lost a big case here last year. Don’t be vulnerable to high-dollar claims—have your attorney review your wage-and-hour rules now to avoid getting slammed by a class-action suit.

Class action could take huge bite out of Apple

10/20/2008

On Aug. 4, a former employee filed a lawsuit against Apple Inc. for violations of the Fair Labor Standards Act and California law. If the court certifies the case for class-action status, as the employee wants—watch out! This could turn into one of the costliest wage-and-hour suits ever …

Wage-and-hour woes continue to plague Silicon Valley

10/20/2008

Cadence Design Systems of San Jose recently agreed to settle two lawsuits brought by information technology workers who claimed they were misclassified and denied overtime and meal and rest breaks in violation of federal and California laws …

Can we require workers to pay for their uniforms?

10/17/2008

Q. We’d like our retail staff to wear uniforms. Can we charge them for the uniforms? …

Big win for Blue Cross as suit fails to become class action

10/14/2008

Blue Cross and Blue Shield of Minnesota has won a significant victory in an overtime lawsuit filed by two customer service representatives. A court has denied a petition to elevate the case to class-action status—a decision that could save the insurer millions of dollars if it eventually loses.

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

Things not to say during government hearings

10/08/2008

Betzy Cowan, who worked for McLean County Clerk Peggy Ann Milton, has filed a complaint with the state Department of Labor (DOL) seeking $3,000 in unpaid overtime. Testifying in a misconduct hearing against Milton last year, Cowan said her boss frequently asked her to shuttle Milton’s children home on county time …