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FLSA

President proposes new pay rules for home health workers

01/25/2012

In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change FLSA regulations covering home health care workers. Those workers have been exempt from the law since 1974 when the DOL lumped the workers into a “companion” category along with baby sitters and nannies.

Employee worked through break? You must pay

01/25/2012
Many employers automatically deduct meal period breaks from time worked to simplify wage-and-hour calculations. That’s fine, but you must make sure there is an easy way for employees who work through their meal breaks to report the additional paid time.

What counts as illegal retaliation? DOL explains

01/23/2012
The U.S. Department of Labor recently issued three new fact sheets that help clarify what types of employer actions rise to the level of illegal retaliation under the FMLA and FLSA.

California Supreme Court clarifies administrative employee exemption

01/20/2012
The California Supreme Court has issued a long-awaited decision in a case addressing the “administrative/production worker” dichotomy in determining if an employee meets the requirements for the administrative employee exemption from overtime under the California Wage Orders.

6 factors that determine independent contractor status

01/17/2012

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the IRS and the U.S. Department of Labor, which have stepped up efforts to deter misclassification.

President proposes new pay rules for home health workers

01/06/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, Presi­­dent Obama is asking the U.S. Depart­­ment of Labor to change FLSA regulations covering home health care workers.

Immigration status irrelevant to FLSA and state wage claims

01/05/2012
A federal court hearing a Fair Labor Standards Act case has ruled that an em­­ployee’s immigration status is irrelevant and can’t be mentioned to the jury.

What’s a standard workweek?

01/05/2012
Q. What’s the definition of a standard workweek? One of our employees claims that overtime is defined as anything over eight hours per workday. Is he correct?

Performing same tasks as staff won’t eliminate a manager’s exemption

01/02/2012
An increasing number of those managers are filing FLSA lawsuits, claiming they should be classified as nonexempt, hourly employees—and, thus, due overtime—because they spend most of their time doing the same tasks as their subordinates. But that’s not the test.

Employer wins commute dispute

12/28/2011

Employees must be paid for their pre-shift or post-shift activities, if those activities are integral and indispensable to the performance of their principal jobs. That can stretch a workday and possibly require you to pay for employees’ commuting time. But not all pre-shift or post-shift work is the same.