FLSA

Hockey arena builder clanks pipe, breaks child labor laws

08/13/2012

When a St. Paul construction company hired members of the Crookston High School hockey team in 2010 to install drain pipes under the ice rinks at the Crookston Sports Center, it probably seemed like a great community project. In fact, Arena Systems committed the employment law equivalent of three coincidental major penalties.

Must we pay interns and give them benefits?

08/09/2012

Q. We are still getting requests from students to work for free. We know we have to pay them minimum wage, but do we have to do more? Do we have to pay benefits or give paid holidays?

Track your fair and equitable discipline to prove you don’t discriminate

07/27/2012

Even an employee who was terminated for good reasons can win a discrimination lawsuit if she can show that someone outside her protected class wasn’t fired for the same transgression. That’s why you must track all discipline.

Could your time records withstand scrutiny?

07/27/2012

If you can’t show your time records are accurate, lawsuits claiming unpaid overtime can get costly. That’s because—absent reliable employer records—courts will let employees fill in the timekeeping details. Make sure your records are easily explained and tamper-proof.

Over time, firefighters change view of overtime

07/25/2012

Five Rockingham firefighters are suing the city, claiming it violated the FLSA when it instituted a new system for calculating overtime in 2010. The change occurred following a lawsuit filed by 10 firefighters in 2009. The city claims the current system is the one firefighters sought in their 2009 suit.

Skokie firm learns the perils of ignoring the feds

07/18/2012

When the U.S. Department of Labor filed a complaint on behalf of misclassified workers at Skokie Maid and Cleaning Services, the company failed to file a response of any kind. Now it’s on the hook for more than a half-million dollars following a default judgment for the workers.

Make sure rigorous performance expectations don’t drive employees to work off the clock

07/16/2012

You may be tempting fate—and a Fair Labor Standards Act class-action lawsuit—if you demand so much productivity from employees that they can’t reasonably get everything done within the time you allow. The problem: Employees may feel compelled to work off the clock.

School’s out: Know federal, state restrictions on youth employment

07/13/2012

Summertime is when employers can capitalize on an influx of eager school-age workers looking for seasonal jobs. Summer jobs can be great for both young workers and employers, but you should be mindful of federal and state child labor laws.

DOL makes Gainesville eatery pay more than just tips

07/12/2012

“Nopalera” is Spanish for a “patch of prickly cactus.” That’s exactly where the owners of a Gainesville restaurant called La Nopalera found themselves after the DOL discovered they weren’t paying wages to Hispanic employees, making them work for tips alone.

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

07/05/2012

Determining the amount of overtime pay depends on identifying an employee’s hourly rate for the first 40 hours. That can sometimes be more complicated than it sounds, especially for organizations that pay their hourly employees a set amount for their entire workweek, including overtime.