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FLSA

Court clears up confusion over meal breaks

05/13/2008
Do you have to provide employees who work eight hours or more during a shift with an unpaid meal break away from all job responsibilities? Or can you continue to pay employees while they eat, expecting them to take calls or respond to work needs? …

Here’s a tip: Know law on paying employees who work for tips

05/12/2008
Hundreds of thousands of Floridians rely on tips for part of their incomes. To stay on the right side of wage-and-hour laws, their employers need to understand the somewhat tricky interplay of tip income and the minimum wage …

Enforce overtime approval policies—But pay for all hours worked

05/09/2008

Q. Our company policy requires an employee’s supervisor to approve all overtime. However it’s common for employees to work overtime that has not been approved; time they then record on their time sheets. Since the overtime was never approved, our management takes the position that it does not need to pay for this overtime. My understanding is that all hours worked must be paid. Which is correct? …

Ensure FLSA exemption is for actual job—Not theoretical one

05/06/2008
When it comes to the Fair Labor Standards Act, employers can’t afford to make classification mistakes. Only exempt employees lose out on overtime when they work more than 40 hours per week. The U.S. Department of Labor—and courts—strictly interpret what constitutes exempt work and what does not …

DOL files back-Wage suit against Aggregate Industries

05/06/2008
The U.S. Department of Labor has filed a lawsuit seeking more than $1 million in back wages for 302 Denver-area employees of Aggregate Industries in Golden. The lawsuit claims the company paid truck drivers on a per-load basis without regard to the number of hours they worked, resulting in unpaid overtime …

Hourly computer programmers and overtime pay

05/06/2008
Q. We employ computer programmers who write sophisticated custom software programs for clients. We bill their services by the hour and pay them by the hour, based on their experience and the work involved. The hourly rates we pay range from $30 to $80 per hour. Sometimes, there is a rush on a project and the programmers have to work overtime. Do we have to pay time and a half the hourly rate if the programmers work over 40 hours per week? ….

Texas water company to pay $597,000 for FLSA violations

05/05/2008
A Texas company that provides water transfer services for the natural gas industry has agreed to pay $597,530 for violating the Fair Labor Standards Act. An investigation by the U.S. Department of Labor found that the Western Company of Texas, Inc., based in Justin, owed back wages to 237 employees. The company had failed to pay them overtime …

Training classes and travel time

05/01/2008
Q. Are employers required to pay employees their hourly wages when they are assigned to attend training classes? Our employees travel from Colorado Springs to Denver and are not paid or reimbursed for their travel time. They also are not paid during the two- or three-day training course. Employees travel to and from the training daily. If the employee does not stay with the company for one year and one day after completion of the training, the employee is required to reimburse the employer for the school. Are these practices legal? …

Careful what you wish for at IBM

05/01/2008
Victory wasn’t so sweet for thousands of employees who sued Armonk-based IBM claiming the company had illegally classified them as exempt. IBM agreed to reclassify them, making them eligible for overtime pay. The catch? The company cut their salaries by 15% …

Is comp time legal in lieu of overtime?

04/25/2008
Q. Can our company legally offer comp time instead of overtime? I’ve received conflicting answers. …