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Wages & Hours

Regularly review exempt status to avoid FLSA ‘job creep’

10/13/2009

Employees who don’t fit into one of the Fair Labor Standards Act’s exemption categories are entitled to overtime pay. Their job titles don’t matter. What counts are actual job duties. Those duties, of course, change over time. That’s why it’s important to review exempt status regularly—ideally, every time you update a job description.

Home health aide who challenged FLSA exemption dies

10/09/2009

Evelyn Coke, the Queens home health care aide who took her fight against U.S. Department of Labor overtime regulations all the way to the Supreme Court, has died at age 74.

Do you round off employee hours? Be sure to round both up and down

10/05/2009

Employers that round off the time on employees’ time sheets must do so in a way that doesn’t cheat hourly employees out of pay in the long run. That means that if you round down, you must also round up. Otherwise, your time records won’t reflect all hours worked, leading to potential violations of overtime and other wage-and-hour laws.

DOL investigation reveals OT violations in San Angelo

10/05/2009

On Sept. 4, the U.S. Department of Labor announced that a San Angelo geological services company has paid $270,950 in overtime back wages to 70 current and former employees. According to Cynthia Watson, the Wage and Hour Division’s Southwest regional administrator, “Some employees worked as many as 85 hours in a workweek without receiving overtime wages.”

What’s the required timing for final paychecks?

10/02/2009

Q. What are the deadlines for paying employees who are terminated or resign from employment?

Is it OK to withhold money from employees’ final paychecks to ensure we’re reimbursed?

10/02/2009

Q. Can I make deductions from an employee’s final paycheck for outstanding expenses or company property that the employee still has in his or her possession?

Austin grocer pays $186,624 for wage-and-hour violations

10/02/2009

The U.S. Department of Labor’s Wage and Hour Division recently announced that MT Supermarket, an Austin grocery store, has paid $186,624 in back wages to 34 workers. The payment comes after an investigation of the Asian grocery store found violations of the FLSA.

Report blasts urban employers

10/01/2009

A controversial study of employment practices in the New York City region, Chicago and Los Angeles has found that employers routinely stiff low-paid workers, breaking wage-and-hour laws and illegally thwarting union organizing efforts.

Can we require employees to keep working despite inclement weather?

09/29/2009

Q. When there’s even a hint of bad weather, one of our employees goes home. Can we require her to work until the regular quitting time?

Must we pay employees to change their clothes?

09/23/2009

Q. Do we have to pay employees for the time they spend changing into their uniforms before work and out of their uniforms afterward? We’re a hospital and our operating-room personnel must change clothes.