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FLSA

You can’t avoid overtime by paying employees daily

03/01/2007

Even if you pay employees—such as day laborers—on a daily basis, you can’t use that tactic to avoid paying overtime for hours worked beyond 40 in a week …

Pooling tips? Only certain employees can join in

03/01/2007

If your employees receive tips, be aware that only certain types of employees can participate in tip-pooling programs …

Put a stop to unauthorized overtime: 4 strategies

03/01/2007

As overtime lawsuits continue to surge, organizations often try to defend themselves by pointing to their policy that says employees should have received management approval for overtime. But a written policy isn’t enough, as employers are learning the hard way …

Asking feds’ opinion won’t always erase FLSA penalty

03/01/2007

Have you ever filed a request for an “opinion letter” with the U.S. Labor Department? It’s a handy tool that can help you dodge the penalty bullet if you’re later hit with an FLSA violation …

Be aware of different OT rules for first responders

03/01/2007

The Fair Labor Standards Act (FLSA) requires you to pay overtime to hourly employees who work more than 40 hours in a workweek. But the rules are different for firefighters: They’re paid OT only after they work a specified number of hours in an entire month …

Failing to pay overtime? You could face a double whammy under federal and state law

03/01/2007

New York employers should be aware of a potential double hit if they fail to pay employees the correct amount of overtime pay: The Fair Labor Standards Act entitles employees to double the amount of overtime pay they’re due, and the New York State Labor Law tacks on an additional 25 percent bonus …

FLSA: Child Labor Rules

02/25/2007

HR Law 101: The child labor provisions in the Fair Labor Standards Act restrict the amount of time and conditions under which minors age 17 and younger are permitted to work …

FLSA: Exempt vs. Nonexempt Workers

02/24/2007

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep …

FLSA: Classifying Exempt Workers

02/23/2007

HR Law 101: To be considered exempt from overtime, an employee must generally be paid on a salary basis and his or her job duties must meet the Labor Department’s standards for one of the six exemption categories. Use this self-audit to test whether you’re properly classifying your workers as exempt under the FLSA …

Contracts: Your best protection against misclassification suits

02/08/2007
Your contract with an independent contractor establishes payment rates and methods, the nature of the work to be completed, the deadline for completing the job and performance standards. But a well-written contract does much more.