FLSA

Worker classification: Salary is just one factor that determines exempt status

01/04/2016

Don’t make the mistake of thinking that just because an employee is paid a salary, he or she is exempt. The employer must also show that the worker performed exempt work under one of the several exemptions available under the Fair Labor Standards Act.

New classification aims at ‘gig’ economy

12/22/2015

Traditionally, there are four possible ways to classify people who perform work. But two classifications—independent contractors and employees—cover most work. Except, some say, in the emerging sharing or “gig” economy. Now two economists at the Brookings Institution think tank in Washington, D.C., have proposed a new category: independent worker.

Calif. rule on paying for time spent on security checks more generous than federal law

12/21/2015

About a year ago, the U.S. Supreme Court rules that under the Fair Labor Standards Act, time spent waiting for security checks after the end of a shift were not compensable minutes. California, however, has greater worker protections built into its version of the FLSA. That’s why a group of Apple store employees brought a suit over their own wait time at the end of their shifts, seeking compensation despite the Supreme Court decision.

Minimum wage increase for workers in Sacramento

12/21/2015

Large employers operating in Sacramento can expect to pay their workers at least $10.50 per hour in 2017 after the city council voted to raise the city’s minimum wage from the current $9 per hour.

Scrap the ice scraper; allow employees to telecommute

12/18/2015

There isn’t a worse sound than someone scraping ice off their windshield at 6:30 in the morning. You don’t have to make employees choose between taking a snow day and working, if you allow them to work from home. While you’re crafting a telecommuting policy, don’t forget the Fair Labor Standards Act.

‘Perfect storm’ for pay lawsuits: 6 do’s & don’ts

12/17/2015

If your organization hasn’t yet been hit with a pay-related lawsuit, consider yourself lucky. A new report shows the onslaught of wage-and-hour lawsuits continues to rise at a record pace.

Winter turns up heat on pay compliance

12/09/2015

The Fair Labor Standards Act is generally a fairly straightforward law—for most of the year. But winter weather—and the delays and closures that sometimes accompany it—can make wage-and-hour compliance more difficult.

The legal risks of failing to track hours

12/08/2015

Employers that don’t track how many hours employees work face a real disadvantage. If an employee sues for unpaid overtime, he or she will be able to use inexact estimates as proof of work done but unpaid. What’s more, should the employee win the case, those estimated hours end up doubled as punishment.

Case in point: How to handle tip-pooling arrangements in Texas

12/07/2015

You may have heard that the Department of Labor has been focusing some of its enforcement efforts on low-wage service industries, particularly restaurants and fast- food outlets. That’s true. But federal courts are also stepping in to ensure that low-wage employees get every penny they are entitled to. That’s what recently happened when the 5th Circuit Court of Appeals ruled in a tip-pooling case that the employee who makes coffee in the back (the barista) should not be participating in the restaurant’s tip pool.

Exempt status? Look at job duties, not title