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FLSA

Make sure ‘executive exemption’ fits, or you could be liable for huge FLSA damages

01/13/2009

Don’t make one of the most common mistakes HR managers do when classifying employees as exempt—by relying on the so-called “executive exemption” for employees you call managers and supervisors. Unless you can back up your claims with solid proof, your organization could be on the hook for an expensive jury award.

Several locations? Beware accidental OT trap

01/13/2009

Here’s a trap you may fall into accidentally: If you have multiple locations, each operating independently, watch out for wage-and-hour violations involving employees who work at more than one location. Here’s why.

Wal-Mart settles Minnesota W&H lawsuit for $54 million

01/13/2009

Wal-Mart agreed Dec. 9 to pay $54.25 million to settle a seven-year class-action lawsuit with roughly 100,000 current and former hourly employees in Minnesota. All things considered, that was a bargain.

Staffing company owes $113,000 to Long Island club workers

01/09/2009

Star One Staffing has agreed to pay $113,000 in back wages and damages to 70 Filipino workers who served as waiters, waitresses and bus staff at exclusive Long Island country clubs.

Must we pay for short smoking breaks?

01/09/2009

Q. Would a brief clock-out (initiated by the employee) of less than 20 minutes, such as an impromptu smoking break or personal phone call break, need to be paid as work time?

Can we deduct personal leave for exempt worker’s partial-day absence?

01/09/2009

Q. Some of our supervisors make their exempt employees take personal or sick leave for every minute they miss from work, even if they work a regular schedule the rest of the week. Can we safely do that?

Must we compensate for travel time?

01/05/2009

Q. I have an employee who has a substantial daily commute—75 miles each way. Do I have to compensate the employee for time spent traveling to and from work?

Do year-end bonuses affect pay status?

01/05/2009

Q. What effect do end-of-year bonus payments have on a nonexempt recipient’s hourly rate of pay?

What are the child labor rules?

01/05/2009

Q. I own a pizza shop. Is it legal for me to hire a 15-year-old to work in the store?

DOL cracks down on OT cases: Houston firm an early target

01/05/2009

JVA Insulation Inc. of Houston has agreed to pay $203,640 in back wages to 53 insulation installers who claimed the company had failed to pay them overtime. The DOL found that the company violated the FLSA by paying its employees on a piece-rate basis for all hours worked …