FLSA

5th Circuit adds confusion to OT in misclassification cases

12/02/2013

It just got more complicated to calculate the overtime pay you owe a misclassified employee. In Black v. SettlePou P.C., the 5th Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt.

Hang ’em high: Rope execs get jail time for pay scheme

12/02/2013

In a stark reminder that the FLSA carries personal liability, three executives at Belton-based High Performance Ropes of America were convicted of felonies for their part in a scheme to exploit undocumented workers.

Found misclassification problem? Fix it fast

11/19/2013

Avoid costly litigation by reviewing how you classify your employees as exempt or nonexempt. If you discover you have made a mistake, fix it right away. You’ll cut your misclassification liability.

Supremes weigh: Pay just to change clothes?

11/19/2013

The U.S. Supreme Court on Nov. 4 heard oral arguments in the first of several employment law cases to be considered in the 2013-2014 term, this one hinging on the question: What does it mean to change clothes?

Supreme Court to hear variety of employment-related cases

11/14/2013

The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect employers.

Manhattan strippers gain minimum wage, overtime

11/14/2013

A federal judge has ruled that federal labor law covers strippers at Rick’s Cabaret in midtown Manhattan. As a result, they must be paid the minimum wage and are entitled to overtime when they work more than 40 hours in a week.

Harris Health System pays out $4M for back OT

10/31/2013

Harris Health System in Houston will pay out more than $4 million in back pay after it failed to include incentive pay when calculating overtime for thousands of hourly staff members.

Preserve exempt status: Stick to fixed salary

10/31/2013

To qualify as exempt under the FLSA, employees must be paid on a “salary basis.” Employers often trigger an FLSA lawsuit—and lose employees’ exempt status—when they try to tinker with a person’s salary based on hours or quality of work.

Riverside detailer missed a spot in its pay records

10/29/2013

Interior Magic of California, a car detailing service in Riverside County, will have to pay $292,000 in back wages and liquidated damages to 205 current and former employees, plus $34,408 in civil penalties to polish its image following a U.S. Department of Labor investigation.

Discovered a wage-and-hour mistake? Fix it fast to avoid extra liability

10/15/2013

If you or a supervisor realize that a payroll mistake was made—especially if an hourly employee wasn’t paid for all hours worked—the best policy is to fix those errors as soon as you can. Doing so will reduce your liability down the line.