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FLSA

Exempt or not? Forget 50% rule for store managers who multitask

01/15/2013
Good news for employers that classify their store managers as exempt from overtime, even though they spend more than half their time doing nonexempt tasks. As the following case shows, store managers can still retain their exempt status if they multitask on exempt and nonexempt duties throughout the day.

Do we need to track hours for pieceworkers?

01/11/2013

Q. We are doing an internal review of our recordkeeping, and we realized that we track hours for our on-site transcriptionists but we have not been tracking the hours for our transcriptionists who work from home. The on-site employees are non­exempt and we pay them an hourly wage. However, the remote employees are paid piece rates—a certain rate for the number of words transcribed from dictation. Do we have to keep track of their hours?

Some small employers may be exempt from the FLSA

01/11/2013
If your business is small enough and local enough (meaning you don’t produce goods for interstate sale or perform work outside your own state), you may not have to follow the federal Fair Labor Standards Act.

Employee has routine gripe about timekeeping? That’s not necessarily protected activity

01/11/2013
Employees who question your timekeeping process may be setting you up for an FLSA lawsuit. How you respond may make the difference between winning and losing. If you promptly fix what turns out to have been an innocent mistake, the court probably won’t consider the original complaint protected activity.

Richardson Doubletree Hotel settles wage-and-hour suit

01/09/2013
The Doubletree Hotel in Richardson has agreed to pay 112 employees $102,592 to settle charges it violated the Fair Labor Standards Act.

DOL says ‘bah, humbug’ to Christmas lights installer

01/09/2013

Some may see this as part of the Obama administration’s alleged “war on Christmas.” In reality it was a simple enforcement action. The DOL recently played the Grinch by filing a lawsuit against a Dallas company that installs and removes Christmas lights.

First Republic settles FLSA suit for more than $1 million

01/09/2013
San Francisco-based First Republic Bank has agreed to pay $1,009,644 in overtime back wages for 392 First Republic Bank employees in New York, California, Connecticut, Mas­­sa­­chu­­setts and Oregon.

Queens contractors plead guilty to not paying workers

01/09/2013

The owners of Onward Construction in Queens have pleaded guilty to a misdemeanor count of failing to pay their employees. The company quit paying its seven workers in March 2011. In all, they owed workers $18,680 by the end of September 2012.

$1M settlement in San Francisco bank’s FLSA case

01/03/2013
San Francisco-based First Republic Bank will pay $1,009,644 in overtime back wages to 392 employees in California, Connecticut, Massachusetts, New York and Oregon. A DOL investigation revealed the bank incorrectly classified workers as exempt from the FLSA.

When does extra work become a separate job?

12/27/2012

Q. We have an hourly employee who does clerical work during her normal 40 hours. She would also like to start cleaning the office two nights per week. Since these are two separate jobs, would she get overtime or could it be a separate payment?