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FLSA

Wage errors sparking more personal lawsuits

06/13/2012

Want to stop supervisors from allowing off-the-clock work or looking the other way when employees work unpaid overtime? Remind them that, unlike some other employment laws, the FLSA allows employees to sue supervisors (and HR professionals) personally—not just the organization itself.

Settlement after workers (and rabbis) say pay wasn’t kosher

06/08/2012
Brooklyn’s Flaum Appetizing has settled a long-running pay dispute with 20 Hispanic employees at its Williams­burg plant. The kosher food maker and deli agreed to pay the workers $577,000 to settle the dispute.

DOL takes tough stance on enforcing tip rules

05/25/2012
The U.S. Department of Labor has issued final regulations that specify that employees’ tips are their sole property, regardless of whether employers take the tip credit.

To win wage case, worker must do more than contest records

05/25/2012
If you keep good records of the hours workers put in, chances are you’ll be able to beat an employee’s claim that he wasn’t paid for all hours worked. He’ll have to show some evidence that your records are wrong.

Your best defense against meritless lawsuits: Proof that your processes are fair, transparent

05/25/2012
One of the best ways to stop merit­­less lawsuits dead in their tracks is to offer compelling evidence that you are a fair and equitable employer. If you can assure the court that you base your decisions on clear rules that are fairly enforced, you’ll win.

Is it OK for managers to adjust timecards?

05/24/2012

Q. Our employees punch a time clock and then go to job sites. Sometimes they don’t take a lunch break. But when they do, they’re unable to clock out and back in, so there’s no time record. Can a manager adjust the timecard by marking through the daily total and deducting the lunch time?

When register drawers are short, may we demand repayment out of cashiers’ pockets?

05/24/2012

Q. Management wants to institute a policy requiring cashiers whose registers are short at night’s end to replace the disputed amount out of their own pockets. Would that violate the law?

Warn supervisors: Wage mistakes could mean personal liability–and they would have to pay!

05/24/2012

Want to stop supervisors who allow off-the-clock work or look the other way when employees work un­­paid overtime? Remind them that the Fair Labor Stand­­ards Act allows em­­ployees to sue supervisors who violate the law personally—not just the organization itself.

Stop overtime abuse with 4 steps, smart policy

05/21/2012

Do your employees understand exactly when they’re allowed to work overtime? Lax overtime rules are wasting billions of dollars at U.S. organizations and triggering more FLSA lawsuits than ever before. Here are four ways to stop unauthorized OT.

It’s not just the feds: States crack down on contractor misclassification

05/19/2012
The DOL  and IRS continue to aggressively enforce laws against misclassifying employees as independent contractors. But a major shift has taken hold in the past two years, with state legislatures and regulators actively taking a greater role in cracking down on companies that misclassify workers as independent contractors.