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FLSA

You may be liable for wage claims from contractor’s illegal workers

01/01/2006

You might think outsourcing jobs to an independent contractor saves money. But if you insist on exercising any significant control over how, when and where independent contractors do their job, you may end up paying dearly in the end if your organization is deemed the true employer …

Look at employees’ duties, not titles, to decide exempt status

12/01/2005

Issue: Many employers believe that anyone with a "manager" title is automatically exempt from overtime. Risk: Making such misclassification mistakes can cost thousands in back pay and penalties, plus a black mark on your record …

Supreme Court: Pay employees for certain ‘walking time’

12/01/2005
Issue: Must you pay employees for time spent changing into protective gear and walking to (and from) their workstations?
Benefit/risk: The Supreme Court finally answered this long-running question, but the …

Supreme Court nominee has pro-business pedigree

11/01/2005
If her legal career is any indication, Supreme Court nominee Harriet Miers could be a strong advocate for business if she’s confirmed.
While Miers has never served as a judge, …

Calculate OT correctly for employees who work two jobs

11/01/2005
Issue: How do you calculate overtime pay for employees who perform two separate jobs at separate hourly rates?
Benefit: New Labor Department rulings clarify this confusing part of wage-and-hour law. …

Focus on duties, not title, to decide overtime eligibility

10/01/2005
Managers are exempt from overtime, right? Wrong. The term “manager” means different things in different organizations. That’s why it’s important to look at each employee’s specific duties and responsibilities when deciding …

Supreme Court preview: Key FLSA, bias cases on tap

10/01/2005
While much of the recent U.S. Supreme Court drama has swirled around who will serve on the court, employers are looking forward to key employment-law cases that the court will hear …

Beware of hidden legal risks in annual HR audits

10/01/2005
Issue: HR audits can help you identify weak points in your employment-law compliance.
Risk: If you don’t act on the audit’s recommendations (and employees find out) that mistake can kill …

You can track hours for exempt and nonexempt staff

10/01/2005

Q. We have mechanics who work on a straight commission basis. Do we need to track their hours? —E.D., Nevada

When must you pay nonexempt employees for travel?

10/01/2005
Issue: Many employers are baffled about how to pay nonexempt employees when they travel locally or on overnight trips.
Risk: Mistakes could spark anything from mild complaints to class-action lawsuits, …