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FLSA

Never ignore lawyer’s advice on classification

01/05/2015
If your lawyers have told you that you have misclassified an employee, ignoring that advice can be used against you. The opinion becomes evidence of a willful violation, making the employee eligible for the bonus payment.

Fair Labor Standards Act: Overview

01/03/2015

HR Law 101: The Fair Labor Standards Act (FLSA) covers the federal minimum wage, rules on overtime pay and child labor regulations. Since the U.S. Department of Labor recently overhauled the overtime rules, it’s critical to make sure you’re properly classifying workers as exempt or nonexempt …

FLSA: Calculating Hours Worked

01/02/2015
HR Law 101: To ensure you’re in compliance with the FLSA, it’s important to understand the definition of “hours of work.” Any hour when an employee’s on duty is considered time worked. The only period usually excluded: when an employee uses the time for personal reasons …

FLSA: The Minimum Wage

12/30/2014

HR Law 101: Passage of the Fair Minimum Wage Act of 2007 marked the first boost to the federal minimum wage since 1997. In July 2007, the federal minimum wage increased from $5.15 to $5.85 per hour. Additional raises took effect over the next two years: to $6.55 on July 24, 2008, and to $7.25 on July 24, 2009.

What’s the federal youth minimum wage?

12/24/2014
Q. I am an employer that employs minors in certain occupations. Is there a federal youth minimum wage that I must pay my minor employees?

What restrictions limit child labor?

12/24/2014
Q. One of my employees asked if her 15-year-old son could work for my business. Under Texas law, in which occupations may teenagers be employed?

Employee must provide pay specifics in FLSA case

12/24/2014
A worker who files a Fair Labor Stand­­ards Act lawsuit claiming unpaid wages must actually set out facts showing that he wasn’t properly paid. Mere allegations aren’t enough.

Converting employees into contractors? Prepare for expensive, protracted litigation

12/24/2014
Here’s a warning for employers thinking about turning employees into independent contractors to avoid paying benefits and payroll taxes: If some of the employees challenge the decision, you may be in for years of expensive, time-consuming litigation. That can easily turn a penny-pinching strategy into a money pit.

Pay up! Wage-and-hour issues take center stage in 2015

12/23/2014
Wage-and-hour issues could take center stage in 2015, with federal, state and local legislative battles looming over increases to the minimum wage, more wage-and-hour litigation and proposed regulations that could dramatically narrow the overtime exemptions under the Fair Labor Standards Act.

Avoid OT issues: Ban off-the-clock work and automatic nightly time-clock resets

12/17/2014

If your business doesn’t operate 24/7, you probably shut down just about everything at some point during the night. If that shutdown includes resetting the time clocks to automatically clock out everyone, you may be courting a lawsuit.