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FLSA

Do help-Desk workers qualify for the computer exemption?

03/01/2007

While the Fair Labor Standards Act says certain computer professionals are exempt employees, be ultra-cautious about applying this exemption. Courts are littered with cases of employers being punished for wrongly applying exempt status to lower-level IT workers, such as help-desk staff (aka “IT support specialists”) …

Working alongside staff won’t erase manager’s exemption

03/01/2007

Employers today are facing a barrage of Fair Labor Standards Act (FLSA) lawsuits alleging that they’re misclassifying nonexempt employees as exempt. One main target: store managers who often work 60 to 70 hours per week for a set salary …

Settle OT disputes quickly to avoid paying ‘Triple time’

03/01/2007

When employees complain that they should be earning overtime, it’s smart to settle up quickly if it’s clear that they’re right. Reason: When you fail to properly pay overtime, the Fair Labor Standards Act allows employees to collect twice what they should have earned …

You can’t avoid overtime by paying employees daily

03/01/2007

Even if you pay employees—such as day laborers—on a daily basis, you can’t use that tactic to avoid paying overtime for hours worked beyond 40 in a week …

Pooling tips? Only certain employees can join in

03/01/2007

If your employees receive tips, be aware that only certain types of employees can participate in tip-pooling programs …

Put a stop to unauthorized overtime: 4 strategies

03/01/2007

As overtime lawsuits continue to surge, organizations often try to defend themselves by pointing to their policy that says employees should have received management approval for overtime. But a written policy isn’t enough, as employers are learning the hard way …

Asking feds’ opinion won’t always erase FLSA penalty

03/01/2007

Have you ever filed a request for an “opinion letter” with the U.S. Labor Department? It’s a handy tool that can help you dodge the penalty bullet if you’re later hit with an FLSA violation …

Be aware of different OT rules for first responders

03/01/2007

The Fair Labor Standards Act (FLSA) requires you to pay overtime to hourly employees who work more than 40 hours in a workweek. But the rules are different for firefighters: They’re paid OT only after they work a specified number of hours in an entire month …

Failing to pay overtime? You could face a double whammy under federal and state law

03/01/2007

New York employers should be aware of a potential double hit if they fail to pay employees the correct amount of overtime pay: The Fair Labor Standards Act entitles employees to double the amount of overtime pay they’re due, and the New York State Labor Law tacks on an additional 25 percent bonus …

FLSA: Child Labor Rules

02/25/2007

HR Law 101: The child labor provisions in the Fair Labor Standards Act restrict the amount of time and conditions under which minors age 17 and younger are permitted to work …