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FLSA

Document elements of exempt position to knock down FLSA claims

08/01/2007

Winning Fair Labor Standards Act cases involving employees who claim they shouldn’t have been classified as exempt usually means being able to document exactly what employees do on the job and the conditions under which they work …

Immigration: Know Your ‘Border Guard’ Responsibilities

08/01/2007

Immigration reform was a hot topic in Washington during the first half of 2007, but Congress ultimately failed to pass legislation to tighten enforcement of decades-old laws that regulate which foreign-born workers are eligible to work in the United States. Fairly or not, look for employers and the HR functions to bear much of the enforcement responsibilities. Your best bet: Make sure you document employees’ eligibility to work by thoroughly completing and maintaining up-to-date I-9 forms …

Employee pays when customers don’t?

08/01/2007

Q. I own a four-star restaurant in a large metropolitan area. Unfortunately, customers sometimes skip out on their checks. Can I deduct from the waitress’s salary the money owed by a fleeing customer? …

Federal minimum wage goes up—and so should your new posters

07/24/2007

The new federal minimum wage of $5.85 per hour means you need to put up new posters – even if your state’s minimum wage is higher. We’re making it easy to comply. You can download and print official U.S. Labor Department posters – for FREE – directly from the HR Specialist web site.

Pay for holiday when it’s normally an off day?

07/20/2007

Q One of our employees is assigned to work 32 hours per week. His regular off-day is Monday. If a holiday falls on a Monday (such as Labor Day), is the employee entitled to pay for the day?

Federal Overtime Law: 4 Tips For Staying In Compliance

07/19/2007

Lawyers who want to make a quick buck are capitalizing on recent overtime class-actions that have netted millions in unpaid overtime and penalties. In fact, overtime and other unpaid-time lawsuits have become a cottage industry in the 21st century …

Worried about ‘Donning and doffing?’ Relax

07/09/2007

The U.S. Supreme Court created a big fuss last year by ruling that time used to put on or remove some work clothes and safety gear outside actual work hours might be compensable time. Many employers changed the way they calculated pay …

How not to institute an arbitration clause

07/01/2007

In light of recent California appellate court decisions addressing the enforceability of arbitration agreements, many employers may consider having employees sign one of these contracts. First, consider the following case …

Kaiser Permanente settles overtime suit for $9 million

07/01/2007

Kaiser Foundation Health Plan recently paid $9 million to settle a class-action lawsuit alleging overtime violations. The mediated settlement …

UPS drivers win class-Action settlement for back meal-Break pay

07/01/2007

The U.S. District Court for the Northern District of California has approved an $87 million settlement in a case brought by former and current UPS drivers …