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FLSA

Don’t try to ‘explain away’ overtime errors

12/01/2003
Counsel your managers to treat overtime complaints with respect, and avoid any cavalier statements or excuses about why someone hasn’t been paid overtime. Reason: You face big risks by making such …

Don’t mandate direct deposit of employees’ pay

12/01/2003
Issue: Some state rules seem to clash with federal rules over whether you can require employees to accept pay via direct deposit.
Risk: By following your state law, in some …

Be careful how you answer pleas for overtime pay

12/01/2003
Issue: If you’re sued for unpaid overtime pay, your damages can mount quickly if the court sees a “willful” violation. Risk: The FLSA enables courts to award employees up to …

You can’t make employees contribute to charity

12/01/2003

Q. Is it legal for us to strongly encourage our employees to have money withheld from their paychecks to support a charity drive, like the United Way? —L.M., Texas

Schools aren’t exempt from wage-and-Hour laws

12/01/2003

Q. At our university, the special-events supervisors must occasionally hire people. We currently don’t pay for their time involved in interviewing job candidates. I think we should pay them for that time, but I was told education institutions are exempt from pay laws. Is that true? —D.D., West Virginia

Make Sure ‘Manual Punch’ Counts Correct Hours

11/01/2003

Q. We use a timecard punch-in/punch-out system. If an employee forgets to punch in, and we manually do it, do any labor laws apply? —B.B., New York

You have new ammunition against ‘Collective action’ overtime lawsuits

09/01/2003

When slapped with a pay-related lawsuit, the last thing you want is for other employees and ex-employees to piggyback on that suit, creating a big "collective action" case. Good news: AA new court ruling highlights a successful defense against such suits …

Pay for After-Hours Event if It’s Work-Related

09/01/2003

Q. Can we require full-time nonexempt employees to attend work-related functions after regular hours? If so, should this time be compensated? —M.A., Texas

Incremental vacation time is legal, but not best option

09/01/2003

Q. We have salaried, exempt employees who take increments of vacation time (anywhere from one hour to seven hours at a time) instead of one full day. Is this legal? Or should they take only full-day vacation? —C.D., New Jersey

Pay for ‘donning and doffing,’ not waiting

09/01/2003
Issue: Should you pay employees for time spent putting on and taking off work clothes?
Benefit: Recent court case limits your obligations under so-called “donning and doffing” laws …