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FLSA

Justify exempt status to avoid class actions

04/06/2011

It takes just one or two disgruntled employees to start an FLSA class-action overtime lawsuit. Be prepared to fight such lawsuits early and vigorously. Your best bet: Classify employees correctly in the first place.

New Supreme Court ruling expands your potential FLSA liability

04/06/2011
The Fair Labor Standards Act forbids employers from retaliating against workers because they’ve “filed any complaint” about their pay, perks or work conditions. On March 22, the U.S. Supreme Court ruled that such complaints don’t need to be in writing to be considered “protected activity.”

How does FLSA administrative exemption work?

03/29/2011
Q. I think one of our employees falls within the administrative exemption under the Fair Labor Standards Act (FLSA), but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination?

Can we reduce pay for an exempt employee who works less because she is pregnant?

03/29/2011
Q. One of our salaried employees is pregnant. She brought in a doctor’s note that says she can work only six hours per day. Can I either reduce her pay or have her work six days a week?

Are we allowed to offer housing stipends to just some employees?

03/29/2011
Q. Is it legal to offer some employees, but not others, stipends to help with rent or lodging?

No personal supervisor liability under Title VII

03/29/2011

Some employees are so angry about perceived supervisor discrimination and harassment that they want the offending boss to suffer personally. They’ll often try to sue their supervisors directly. Fortunately, that doesn’t work for Title VII discrimination lawsuits.

How to discipline employees for working unauthorized OT

03/24/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

Metallica drummer will try to beat overtime lawsuit

03/22/2011
The former personal assistant to Lars Ulrich filed a lawsuit claiming the Metallica drummer violated state and federal laws by failing to pay him overtime. Steven Wiig claimed he worked between 50 and 70 hours per week, on duty at Ulrich’s home, in recording studios and during Metallica’s worldwide tours.

9th Circuit: Pharma reps are salespeople

03/22/2011
Typically, federal courts tend to uphold the U.S. Department of Labor’s interpretations of the Fair Labor Standards Act. But now the 9th Circuit Court of Appeals has rejected the DOL’s interpretation of what it means to be an outside salesperson under the FLSA.

Extremely small businesses may not be bound by FLSA minimum wage, overtime rules

03/16/2011

Almost everyone assumes that all employees are covered by the federal FLSA. But in some rare circumstances, employees in very small and distinctly local businesses may not be entitled to minimum wage or overtime. If the business does not earn at least $500,000 in gross annual revenue—the minimum for an entire enterprise to be covered by the FLSA—then some employees may not be covered either.