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FLSA

As the employer, it’s up to you to prove overtime exempt status

08/01/2007

Under California law, employees are entitled to overtime payments unless the law exempts them from protection. But It’s up to employers to justify each exemption they claim …

Attention Wal-Mart managers: Beware of class-Action lawsuits

08/01/2007

Over the past few years, large companies such as Microsoft, Abercrombie and Fitch, Intel, Federal Express, UPS, IKEA and Burger King have been involved in multimillion dollar class-action lawsuits for violating state and federal wage-and-hour laws. Now add Wal-Mart to that list …

Hourly bonuses for salaried employees?

08/01/2007

Q. I employ a physical therapist on a salaried basis, making her an exempt professional under the Fair Labor Standards Act (FLSA). Can I pay her an hourly bonus without causing her to lose the exempt status? …

Document elements of exempt position to knock down FLSA claims

08/01/2007

Winning Fair Labor Standards Act cases involving employees who claim they shouldn’t have been classified as exempt usually means being able to document exactly what employees do on the job and the conditions under which they work …

Immigration: Know Your ‘Border Guard’ Responsibilities

08/01/2007

Immigration reform was a hot topic in Washington during the first half of 2007, but Congress ultimately failed to pass legislation to tighten enforcement of decades-old laws that regulate which foreign-born workers are eligible to work in the United States. Fairly or not, look for employers and the HR functions to bear much of the enforcement responsibilities. Your best bet: Make sure you document employees’ eligibility to work by thoroughly completing and maintaining up-to-date I-9 forms …

Employee pays when customers don’t?

08/01/2007

Q. I own a four-star restaurant in a large metropolitan area. Unfortunately, customers sometimes skip out on their checks. Can I deduct from the waitress’s salary the money owed by a fleeing customer? …

Federal minimum wage goes up—and so should your new posters

07/24/2007

The new federal minimum wage of $5.85 per hour means you need to put up new posters – even if your state’s minimum wage is higher. We’re making it easy to comply. You can download and print official U.S. Labor Department posters – for FREE – directly from the HR Specialist web site.

Pay for holiday when it’s normally an off day?

07/20/2007

Q One of our employees is assigned to work 32 hours per week. His regular off-day is Monday. If a holiday falls on a Monday (such as Labor Day), is the employee entitled to pay for the day?

Federal Overtime Law: 4 Tips For Staying In Compliance

07/19/2007

Lawyers who want to make a quick buck are capitalizing on recent overtime class-actions that have netted millions in unpaid overtime and penalties. In fact, overtime and other unpaid-time lawsuits have become a cottage industry in the 21st century …

Worried about ‘Donning and doffing?’ Relax

07/09/2007

The U.S. Supreme Court created a big fuss last year by ruling that time used to put on or remove some work clothes and safety gear outside actual work hours might be compensable time. Many employers changed the way they calculated pay …