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FLSA

Fast fix to FLSA error can save you, but ‘correction window’ closes fast

03/01/2003
If you screw up on a Fair Labor Standards Act (FLSA) pay issue, don’t count on the “window of corrections” to save you. Sure, this Labor Department rule allows you to …

Offset bonus pay against weekly overtime with care

02/01/2003
Fabri-Centers gave workers several bonus payments above their base pay, including shift differentials, holiday pay and spot bonuses. But the company calculated employees’…

Undocumented workers can sue for retaliation under FLSA

02/01/2003
Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …

FLSA, FMLA enforcement reaches record highs

02/01/2003
If you thought the regulatory watchdogs would become lap dogs under the Bush administration, you were wrong. In fiscal 2002, the U.S. Labor Department collected $143 …

When to Pay for On-Call Time

02/01/2003

Q. When do we have to count “on-call” time as hours worked?—L.G., California

Be upfront about pre-hire training needs

01/01/2003
Does your company mandate training courses before a new hire starts? If so, let job candidates know about these requirements and whether they’ll be paid for the time. …

Reimburse any pre-employment costs that cut into minimum wage.

01/01/2003
Migrant workers at a Florida farm were required to pay expenses out of pocket for securing work visas and traveling to job sites. Because these costs amounted to “pre-employment deductions” from …

Noncash compensation counts toward minimum wage

01/01/2003
You probably don’t have employees living in your workplace, but a recent case illustrates your vulnerability to lawsuits if you keep workers tethered to the job, either physically or by phone, …

Don’t Allow Unlimited Sick Leave

01/01/2003

Q. Our company gives eight hours of sick leave per month to nonexempt employees. We’ve been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts? —D.H., Kentucky

Focus on Decision Making When Deciding Exempt Status

12/01/2002

Q. I believe that one of our employees falls within the administrative exemption under FLSA, but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination? —A.C., Mississippi