FLSA

‘Forgot’ to pay overtime? Ignorance of the law is no excuse

08/06/2008

Want to end up paying double or more the overtime you owe? Then ignore the Fair Labor Standards Act (FLSA) and New York labor laws. If you don’t pay what you owe in overtime—on time and accurately—you may end up paying double under the FLSA, going back three years; and 25% more than you owe, going back six years …

Review duties before assuming outside sales reps are exempt

08/05/2008

Some kinds of employees are exempt from the overtime provisions of the FLSA. They include so-called “outside” salespeople who are “actively engaged in activities directed toward the consummation of his own sales, at least to the extent of obtaining a commitment to buy from the person to whom he is selling.” It’s a tough test …

Paying exempt employees on an hourly basis

08/05/2008

Q. We have several positions that satisfy the duties tests for the so-called “white collar” exemptions (executive, administrative and professional). We want to pay these people hourly, rather than on a salary basis, because sometimes they perform work that would be considered nonexempt. Can we do this? …

Federal court clarifies ‘Protected activity’ under the FLSA

08/04/2008

The 5th Circuit Court of Appeals has issued an important ruling in a Fair Labor Standards Act (FLSA) case. It marks the first time the court has defined exactly what the FLSA means when it refers to filing a wage-and-hour “complaint.” The court’s decision is important because it means employers that punish employees who file complaints may be liable for retaliation …

Volunteer services and FLSA compliance

08/04/2008

Q. We are a for-profit health care facility licensed by the state of Texas. Can we use volunteers to perform services at our facility without compensation? For example, the wife of one of our clients wants to volunteer her services in exchange for us waiving the daily-use fee we charge her husband. Are these volunteer services exempt from the wage-and-hour requirements of the Fair Labor Standards Act (FLSA)? …

Can we switch a salaried employee to hourly to deal with pregnancy-related absences?

08/01/2008

Q. Our office manager, who is pregnant, has begun coming in late two or three times a week due to morning sickness. Because she is a salaried employee, we know that we cannot deduct from her wages for partial-day absences. Can we change her position to one that is paid on an hourly basis until she returns from her maternity leave? …

Can we refuse to pay employees who work unauthorized overtime hours?

08/01/2008

Q. Our policy prohibits employees from working overtime without specific written authorization from their supervisor. Our policy manual provides that employees will not be compensated for overtime hours worked unless they comply with this policy. Can we legally refuse to pay our employees for unauthorized overtime? …

Warn managers about personal liability

07/25/2008

One way to get the attention of your managers and supervisors is to warn them that they may be personally liable for breaking some state or federal laws. For example, because the definition of “employer” in the FMLA and the Fair Labor Standards Act (FLSA) is quite broad, some supervisors and managers have been held personally responsible. And the same is true for some job-related injuries. …

OK to refuse to pay unauthorized overtime?

07/25/2008

Q. We have a company policy forbidding unauthorized overtime in a workweek. May I refuse to pay overtime to an employee who works overtime without authorization? …

Exempt employees and negative leave balances

07/24/2008

Q. I know I must pay exempt employees their full salaries even if they have no accrued benefits in their leave plans and their accounts have negative balances. But can I keep negative balance tallies and then subtract the negative balances as the employees earn more leave? …