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FLSA

IBM fixes overtime problem … with a pay cut

03/01/2008
For years, IBM Corp. was haunted by a big overtime lawsuit filed by its highly compensated technical-support employees.  Now, nearly two years later, IBM has reclassified 7,600 technical-support employees, making them eligible for overtime. But the company also reduced their base pay by about 15% …

Pennsylvania one of seven hot employment law states

03/01/2008
Pennsylvania is one of seven hot states for wage-and-hour complaints, according to a report by employment law firm Seyfarth Shaw LLP. Fourth Annual Workplace Class Action Litigation Report shows that wage-and-hour court actions are growing at the highest rates in Pennsylvania, California, Florida, Illinois, New Jersey, New York and Texas …

Can we dock pay for punching in late? Does the employee have a grace period?

03/01/2008
Q. Is there a rule for docking someone’s pay if he punches in late, and if so, how many minutes grace time does he get before you dock him 15 minutes?

Look at duties—Not job title—When determining FLSA status

03/01/2008
Too many employers make a common mistake when deciding whether an employee is entitled to overtime under the Fair Labor Standards Act (FLSA): They look at a job title and conclude that it sounds managerial—and therefore it must be an exempt position …

Wage-and-Hour suits are hot

03/01/2008
Wage-and-hour lawsuits are growing exponentially, according to the fourth Annual Workplace Class Action Litigation Report from national law firm Seyfarth Shaw …

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Problems with obtaining FMLA and wage-and-Hour releases

03/01/2008
There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers …

Texas company settles overtime claims for $1.56 million

03/01/2008
The U.S. Labor Department recently announced that McLane Co. Inc., a Temple wholesale distributor of food and grocery products, has paid $1.56 million to 570 current and former employees for wage and hour violations …

Dow Chemical pays $861,647 in overtime for employee training

03/01/2008
The U.S. Labor Department has announced that Dow Chemical of Freeport paid $861,647 in back wages to 648 operating engineers as a result of a federal investigation …

FLSA doesn’t require pay for optional training that prepares for advancement

02/01/2008

The Fair Labor Standards Act (FLSA) requires employers to compensate employees for any time spent on the job that benefits the employer. There are, however, some exceptions. For example, if employees use their own time to study materials that will qualify them for promotions, that time generally doesn’t have to be paid …