• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FLSA

When to Pay for On-Call Time

02/01/2003

Q. When do we have to count “on-call” time as hours worked?—L.G., California

Be upfront about pre-hire training needs

01/01/2003
Does your company mandate training courses before a new hire starts? If so, let job candidates know about these requirements and whether they’ll be paid for the time. …

Reimburse any pre-employment costs that cut into minimum wage.

01/01/2003
Migrant workers at a Florida farm were required to pay expenses out of pocket for securing work visas and traveling to job sites. Because these costs amounted to “pre-employment deductions” from …

Noncash compensation counts toward minimum wage

01/01/2003
You probably don’t have employees living in your workplace, but a recent case illustrates your vulnerability to lawsuits if you keep workers tethered to the job, either physically or by phone, …

Don’t Allow Unlimited Sick Leave

01/01/2003

Q. Our company gives eight hours of sick leave per month to nonexempt employees. We’ve been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts? —D.H., Kentucky

Focus on Decision Making When Deciding Exempt Status

12/01/2002

Q. I believe that one of our employees falls within the administrative exemption under FLSA, but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination? —A.C., Mississippi

Overtime Pay Not Affected by Worker’s Shift Switch

12/01/2002

Q. Are employers required to pay for overtime hours resulting from the employee voluntarily switching shifts with another employee? —E.R., Kansas

Tip-pooling with management violates FLSA

11/01/2002
A restaurant required waiters to pool their tips and share them with busboys and managers who worked the floor. The waiters sued under the Fair Labor Standards Act (FLSA). The employer …

Giving Exempt Employees Extra Pay Is Risky Business

11/01/2002

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal? —C.H., Colorado

Accommodate Reduced Hours For Pregnant Worker

11/01/2002

Q. I have a salaried employee who is pregnant. She brought in a doctor’s note that says her hours need to be cut to six per day. Can I either reduce her pay or have her work six days a week? —M.S., Virginia