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FLSA

Is that manager really exempt? Much depends on how she spends most days

08/28/2013
The best approach to classification is to regularly review exactly what employees actually do, day in and day out. Then measure that by what the FLSA regulations say indicates exempt status.

Decision could open door for out-of-court FLSA settlements

08/26/2013

Most federal district courts routinely hold that out-of-court settlement agreements, to the extent that they purport to waive FLSA claims, are unenforceable. That has made it difficult and expensive for employers to resolve pay issues, even when they realize they made a mistake and want to compensate the employee fairly. Last year, the 5th Circuit Court of Appeals took a more pragmatic ap­­proach in Martin v. Spring Break ’83 Productions.

Trying a creative approach to pay? Have your attorney run the numbers to ensure legality

08/26/2013
Before you approve a creative approach to paying hourly employees, be sure to get expert help. That’s essential if your em­­ployees may have to put in more than 40 hours of work per week, because you will have to calculate their regular rate of pay to calculate overtime compensation. And that’s something the DOL wants done right.

Following recent cases, review piece-rate pay & commissions

08/22/2013
In April 2013, a California Court of Appeal decided that automobile service technicians, who were paid on a “piece-rate” basis, must also be paid at least the minimum hourly wage for the time that they are required to wait between their piece-rate-paid repair jobs. On July 19, the California Supreme Court refused to review the appeal court ruling, making it binding law.

Rules against off-the-clock work don’t end OT claims

08/20/2013
Most employers have strict rules against working overtime without authorization. They use time clocks or other tracking systems to keep accurate records. But what if supervisors tell employees to work before they clock in or after they clock out?

Hell hath no fury like an English major scorned

08/13/2013
Publishing giant Condé Nast is being sued by two college students who allege they were illegally underpaid while interning at two of the company’s flagship magazines.

How far must we go in tracking meal breaks?

07/26/2013
Q: Must nonexempt employees enter the time they leave and return from lunch, or can we assume that they took their lunch hours unless otherwise noted in their time records?

How should we pay for overnight travel?

07/23/2013
Q. I know that the laws on overnight travel time are more restrictive in California than under federal law. Does the overnight travel rule under federal law apply in California or does an employer have to pay all travel time even if overnight travel is involved?

7 do’s and don’ts to keep wage-and-hour lawsuits at bay

07/23/2013
During a recent 12-month period, more than 7,750 FLSA wage-and-hour lawsuits were filed in federal courts, an increase of almost 10% over the preceding 12 months. The good news: There are some simple ways for employers to re­­duce the risk of wage-and-hour suits.

Employment status notification bill proposed

07/10/2013
A bill before the North Carolina House of Representatives would require employers to give employees notice of their employment status at the time of hire and when any material change in the employment relationship occurs.