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FLSA

Lesson of IBM overtime suit: Clarify exemption status

03/01/2006

IBM faces the possibility of multimillion-dollar legal damages if a court grants class-action status to a pending FLSA lawsuit …

Cutting hours is legal, but anticipate bias claims

03/01/2006

Q. Can we legally reduce the hours of full-time employees in one of our divisions because this division needs to cut overhead? —J.B., Massachusetts

Who pays the tax on gift cards given to employees?

03/01/2006

Q. We plan to give gasoline gift cards to employees as incentives for picking up additional shifts. Are these cards taxable? Can we, the employer, simply pay the employee’s portion of the taxes? —T.M., Pennsylvania

States become key battleground in the minimum wage fight

02/01/2006

It may be the Year of the Dog on the Chinese calendar, but it’s shaping up to be the year of the "living wage" in many states. Already, 17 states and the District of Columbia have legislated higher minimums than the federal $5.15 per hour rate …

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 …