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FLSA

Use discipline to enforce your no-Overtime policy

05/01/2007

Q.  We temporarily allowed an hourly employee to come in early and take work home at night. We paid her for overtime on both ends. But now we’ve promoted someone else and told the hourly worker to stop coming in early and taking work home. She said she prefers working early and still does (plus she skips lunch) but reports for just 40 hours. Is she setting us up?—L.B., New York

Complying with the no-Docking rules

05/01/2007

Q. We are a small company with fewer than 20 employees. While I understand the issue of paying exempt employees full salary and docking from the PTO banks when they’re absent, is there someplace that I can go to get an example of a company policy to support a 40-hour-per-week effort from each employee?—E.R., Virginia

One more thing to worry about: Add ‘Unjust enrichment’ to list of labor claims

05/01/2007

Recently, attorneys have added “unjust enrichment” to the growing list of legal claims lobbed at employers. Simply put, employers who receive a benefit from an employee can be sued if the employer’s retention of that benefit is inequitable …

Require Early Clock-In? Allow Early Clock-Out, or Pay

05/01/2007

Do you require hourly employees to clock in a few minutes before they start their shifts to make sure they’re ready to work? If you don’t start paying at that time, you’d better allow an early clock-out …

Clarifying the partial-Day deduction rule

04/01/2007

Q. I have a question about the partial-day deduction rule. I don’t understand how we can deduct from salaried employees’ paid-leave bank when they are gone for an hour or two during the day since we don’t pay them anything extra when they work 50 hours in a week. For example, if an employee works 10-hour days on a regular basis, is it OK to charge her vacation time when she leaves an hour or two early? —J.H., Minnesota

Preserve records or face jury’s wrath on overtime pay

04/01/2007

If you get wind of a possible lawsuit over unpaid overtime, make sure all your payroll records remain intact and available. Don’t crank up the shredder. If you dispose of related documents, the penalties under Ohio law can be especially harsh …

Exempt status in question? ‘Good-Faith’ reply saves the day

04/01/2007

If an employee comes forward to protest that you owe him overtime pay because he should truly be a nonexempt worker, it pays to act fast and be able to show good cause why you classified him as exempt in the first place …

You can’t force employee to use paid time if on disability

04/01/2007

If you require employees to use accumulated sick leave, vacation time or other paid leave when they’re out on FMLA leave, be aware of a little-known trap: If that employee also is receiving payments through a disability plan, you can’t force the person to use up his or her accumulated paid leave …

New rules haven’t eased exempt/Nonexempt confusion

04/01/2007

Amid much fanfare, the U.S. Labor Department in 2004 rewrote the rules that determine which employees are exempt from the Fair Labor Standards Act (not eligible for overtime) and which are nonexempt (eligible for overtime). The goal was to ease confusion and lawsuits. But, so far, that hasn’t happened …

Must we pay hourly worker for drive to conference?

04/01/2007

Q. Recently a nonexempt employee left from work to attend a two-day conference. She left at 2:30 p.m. and arrived at the location at 5:00 p.m. I interpret that we should pay for eight hours since her travel was from the work location and within normal work hours. The next day, she left the conference at 4:15 p.m. and arrived back in town at 7 p.m., but she didn’t stop at the office. Since travel time is outside of normal (8:00 a.m.–4:30 p.m.) work hours, is she paid for travel time or just for work hours attending conference? —M.B., Georgia