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FLSA

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.

Retail bosses needn’t be present to win executive exemption

02/01/2007

In an important opinion letter issued recently, the U.S. Labor Department said store managers can retain their executive-exemption status (i.e., ineligible for overtime pay) even if they don’t physically supervise employees under their control on a regular basis …

Deducting leave for partial-day absences

02/01/2007

Q. Recently, we audited our jobs and determined that some employees were classified as hourly when they should be exempt. We reclassified them. But now, I have a question about handling time off for our newly exempt employees. By law, are we required to NOT charge an exempt person’s time if they’re out of the office for a half day? And if we do start charging an exempt person’s time (vacation or personal) if they miss an hour or two, are we setting ourselves up to be sued?

What are the costs for age-Discrimination sins?

02/01/2007

Q. If we’re sued for age discrimination, is the potential award limited to lost wages and benefits? Or can a court also award damages like pain and suffering? —D.B., Nebraska

Can we require salaried staff to make up lost time?

02/01/2007

Q. We’re a small company (fewer than 20 employees) and don’t keep time sheets. Our entire staff is salaried. We expect employees to make up personal time and sick time (neither of which affects their vacation time or holiday time). Are we wrong to expect that if a salaried employee takes two hours for a doctor’s appointment, he or she should make up that time later? —M.V., Florida

Deducting partial-day absence from leave bank is OK

02/01/2007

You may assume that employers must pay exempt employees their entire salary even if they arrive late and leave early. Well, that’s only partially true …