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FLSA

Misclassification can result in double penalty

04/12/2017
Employers that erroneously classify an hourly employee as exempt can expect their mistake to be a costly one. Not only will they have to pay two years’ worth of back overtime, but they’ll probably have to pay double that amount as a penalty for not getting the classification right.

Disney to pay $3.8 million for FLSA violations

03/30/2017
Those Walt Disney World “cast members” sweltering in the Florida sun were losing more than water weight as they pranced through the Magic Kingdom.

Automotive service advisors not exempt from federal wage-and-hour law

03/29/2017
Service advisors are not exempt under the auto salesperson exemption to the Fair Labor Standards Act.

Acosta floats $33,000 OT threshold

03/29/2017
Labor Secretary-designate Alexander Acosta refused to be pinned down on whether he would back the Obama administration’s never-enacted $47,476 overtime salary threshold rule.

Discovered mistaken deduction from exempt pay? Fix it fast, or face big liability risk

03/23/2017
Unless you quickly reverse the deduction, it could jeopardize the employee’s exempt status.

Court nixes bid to see employee phone data

03/23/2017
A recent decision in a federal lawsuit shows the limits on the kind of employee data employers may seek when defending themselves against charges they violated overtime law.

No serial comma means employees have OT case

03/21/2017
In court, there are no ifs, ands or buts about it: Punctuation matters.

Action on employment law shifting to states

03/16/2017
Just because Republicans have their hands on all the levers of political power in Washington doesn’t mean they will be able to advance a cohesive agenda.

High pay alone has no effect on employees’ exempt/nonexempt FLSA status

03/07/2017
Employers can’t assume that because an employee earns more than $100,000 per year and performs some duties that could arguably be considered exempt management tasks, they qualify for the FLSA’s so-called Highly Compensated Exemption.

Overtime rules appeal deadline pushed back to May 1

02/21/2017
The fate of the Department of Labor’s long-delayed new overtime pay rules will not be known for several more weeks. That doesn’t bode well for their eventual enactment.