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FLSA

Can part-timers be salaried workers?

04/30/2014
Q. Can we pay any of our part-time employees as salaried employees?

San Diego newspaper delivery drivers awarded $5M

04/23/2014
Workers who delivered the San Diego Union-Tribune will split a $5 million judgment against the paper’s former owner. A state judge ruled that about 1,200 carriers who worked for the paper from 2005 to 2007 were employees, not independent contractors.

Is a salary only for full-timers?

04/18/2014
Q. Can part-time employees be salaried?

Informal hiring input does not an exec make

04/15/2014

Managers and supervisors are often classified as exempt from overtime under the FLSA’s executive exemption. It requires that the employee have the authority to hire and fire or make hiring and firing recommendations that carry particular weight. Some employers believe they can meet this requirement by asking for recommendations or insight into potential hires. That’s not enough.

Wage-and-hour 101

04/14/2014
Properly paying employees is one of the most basic employer responsibilities, yet wage-and-hour cases continue to flood the legal system. It’s critical to understand the laws that govern when workers must be paid.

When managers do hands-on work, does that destroy their exempt status?

04/14/2014
Salaried retail managers often have to step in and perform nonmanagement tasks. The fact that they do some of the same work as hourly, rank-and-file staff doesn’t mean they aren’t exempt under the FLSA—as long as they are managing at the same time. In effect, multitasking is just another part of a manager’s job.

Know the FLSA’s requirements: Small, local employers may well have to comply

04/07/2014

Very small employers that aren’t engaged in interstate commerce sometimes try to argue that they don’t need to follow the FLSA because they are simply too local. But they often run into legal hurdles when employees sue, as this recent case shows.

Perez won’t commit to timeline for revising FLSA’s overtime rules

04/03/2014
Secretary of Labor Thomas E. Perez has refused to place a deadline on rewriting the rules that govern overtime pay for exempt employees.

Obama’s 2015 budget: Less for DOL, but more for EEOC enforcement

04/02/2014
The Obama administration’s proposed 2015 budget calls for a slight reduction in federal funding for the U.S. Department of Labor but bigger bucks for the EEOC.

Could we be penalized for misclassification?

03/31/2014
Q. We have some employees that have been misclassified as exempt. We are working to rectify the situation, but could we still be penalized for the time the employee was misclassified?