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FLSA

Aside from normal overtime, is there such a thing as mandatory holiday pay?

01/01/2008

Q. Our business has recently started staying open on certain national holidays, including Thanksgiving and New Year’s Day. One of our employees was adamant that he was entitled to “holiday pay” for the time he worked on Thanksgiving, which he maintained was equal to 150% of his normal wage, even though he was not entitled to overtime that week. Do we have to pay a premium wage to employees who work on a federal holiday? …

Exempt/Nonexempt call: Don’t rely entirely on Labor Department opinion letters

01/01/2008

Over the past two years, the U.S. Labor Department has been issuing “opinion letters” fairly frequently, interpreting its own new overtime regulations and addressing specific questions posed by employers. But not every court will agree with the Labor Department’s opinion …

Consider paying for lunch breaks to avoid overtime claims

12/01/2007

Overtime lawsuits are becoming an epidemic. Lawyers file class-action lawsuits at the first hint that employees worked “off the clock,” either before the workday started or by working through parts of their unpaid lunch periods. There’s a simple way to avoid problems …

 

Ohio minimum wage and part-Year workplace

12/01/2007

Q. We operate an outside recreational facility that is only operational for three months a year. Our attorney has advised us that we are not required to pay the current Ohio minimum wage or overtime wage rate as stipulated on the Ohio minimum wage poster. I thought that all Ohio employers were required to pay the minimum wage rate and overtime, and do not want to violate the law. Is our attorney’s advice correct? …

Wage-and-Hour compliance: How to win the numbers game

12/01/2007

Have you or any of your organization’s supervisors ever given the go-ahead to hourly employees to work through lunch so they could leave work an hour early for a special occasion? Sure you have. Who hasn’t? But know this: Every time you do it, you’re probably breaking the law …

Greengrocer to pay $675,000 to underpaid workers

12/01/2007

Rossman Fruit and Vegetable, a Brooklyn discount greengrocer, agreed to pay $675,000 in back wages to 222 employees to settle a U.S. Labor Department lawsuit. The settlement covers payments below minimum wage and unpaid time-and-a-half for overtime hours from 2001 to 2005 …

Do supervisors’ ‘Unofficial’ employee files raise any legal red flags?

12/01/2007

Q. We have several supervisors who insist on keeping their own private files on employees in their departments, especially to record absences and comp days. Is this legal? …

Commissions, overtime and the Fair Labor Standards Act

12/01/2007

Q. We have a number of employees who are paid on a commission basis. Are they exempt from overtime under the federal Fair Labor Standards Act? …

Disciplining tardy, exempt employees

12/01/2007

Q. We have an exempt employee who is consistently late a few times a week, arriving anywhere from a few minutes to a couple of hours late. Can we discipline him for being consistently late? In addition, can we require him to work at set times—for example from 9 am to 5 pm? …

Salaried employees running out of leave

12/01/2007

Q. If a salaried employee has used up all vacation and sick time, yet wants to take more vacation or calls in sick, can we make deductions from his pay? If not, what can we do? We don’t want the employees getting out of hand …