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FLSA

Requiring work during breaks: a $78 million mistake

11/01/2006

A Pennsylvania jury last month awarded a group of present and former Wal-Mart employees $78 million in damages because the mega-retailer forced the employees to work without pay …

Car pooling isn’t paid time unless employer requires it

11/01/2006

Employees’ typical home-to-work commutes are not compensable time, and that doesn’t change just because employees meet up at a designated place and take a car pool or van pool to work …

Minimum wage plays big role in state elections

11/01/2006

This month’s elections may see more states adopt minimum-wage increases as they tire of waiting for Congressional action. After the ballots are counted, more than half of the states could be sitting on minimum-wage levels above the federal $5.15 per-hour threshold …

NLRB ruling spells end of union eligibility for millions

11/01/2006

In recent years, unions have pushed to organize well-compensated professionals. In response, employers have argued that those professionals form part of the management team and, therefore, are not eligible for union representation. Last month, the employers’ view won out …

Tracking time off for salaried employees

11/01/2006

Q. If a company tracks employees’ vacation, sick and personal time off, can we make deductions from accumulated time for everyone who takes time off, including salaried employees? I’m talking about deducting it from the accrual, not the pay. I’ve heard that I can’t deduct vacation, sick leave or personal time if the salaried employee worked at least four hours during that day. —S.W., Florida

Jiffy Lube managers win back pay in overtime case

10/01/2006

Heartland Automotive Services agreed to settle a class-action lawsuit brought by 239 Jiffy Lube managers. They alleged the company denied them overtime, violating the federal Fair Labor Standards Act (FLSA) and state overtime laws …

Design your bonus program with the FMLA in mind

10/01/2006

Pennsylvania employers can look to a recent 3rd Circuit Court decision to keep their bonus plans in compliance with the FMLA. The case is the first of its kind in the country and provides employers with guidance beyond that found in the FMLA’s regulations. The decision is now law in Pennsylvania, Delaware, New Jersey and the Virgin Islands …

Executive exemption requires true hiring/firing authority

10/01/2006

Before you classify supervisors as exempt executive employees, make sure you’ve given them enough authority to make that classification stick. That means delegating true hiring/firing power with the clear understanding that your organization will typically follow the supervisors’ recommendations …

Labor Department deploys extra investigators in Katrina-Recovery area to stop wage violations

10/01/2006

To ensure that employees working on Katrina recovery projects are paid according to the law, the U.S. Labor Department has sued a Houston drywall company for Fair Labor Standards Act (FLSA) violations …

Commute isn’t on the clock, Even 100+ miles

10/01/2006

Q. Should we pay for travel time if the employee’s drive from home to the first job site is a very long distance (example: Los Angeles to San Diego)? —L.S., California