Category: FLSA/Wages

The revision of FLSA and other wage and hour regulations presents a compliance challenge for companies nationwide. Employees once classified as exempt may be reclassified as hourly, and vice versa. Sometimes it’s in your company’s best interest to reclassify employees, but you need to be able to weigh the costs and benefits. We show you how, and give you valuable case studies and news updates on the wage and hour front.

FLSA Class Action Overtime Suits—Are You Next?

If you don’t do an FLSA wage and hour audit, someone else will, says attorney Tom Makris. And it won’t be just the government. These days, it could be a potential business partner … or even your banker. It started with mergers and acquisitions, says attorney Tom Makris. Now it’s spread to far more routine […]

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The Exemption-Killer: Exempt Pay Docking

Generally, if you dock the pay of exempt workers, you kill their exemption because you are treating them like nonexempts. You could easily owe a few years’ worth of overtime. But DOL does allow docking in certain circumstances. Here are those exceptions, along with a resource to make sure FLSA disasters don’t befall you. In […]

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The Top 10 FLSA Disasters (… Or How to Morph a Miniscule Pay Problem into a Massive Lawsuit!)

Because class action status can change a small comp issue into a massive lawsuit—one very attractive to contingency lawyers—Fair Labor Standards Act (FLSA) lapses could be your most dangerous mistakes. Here are 10 of the most common management moves that create Fair Labor Standards Act (FLSA) disasters. (Pay attention because you don’t want to be […]

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Will Your FLSA Audit Turn Into a ‘Smoking Gun’?

FLSA audits are important, as we saw in yesterday’s Advisor, and we want to help you do them right, but first, note the one factor you absolutely must have in place, if you do one at all. In almost every case, you’re going to be ahead of the game—and the Department of Labor investigators—when you […]

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Will DOL Do Your FLSA Audit for You?

The U.S. Department of Labor (DOL) is getting tough on wage and hour violations, and you don’t want them to be the ones doing your FLSA audit. Far better to find and fix problems—before DOL starts going over your books. It shouldn’t be hard to calculate pay and overtime, yet employers are losing big–dollar wage […]

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‘Standard Annoyance Time’: Hidden Hassles for HR Abound

Most people are happy to gain an hour’s sleep when we go from daylight saving back to standard time on November 4. But HR managers have to brace for a double hassle. Come 2 a.m., Sunday morning, sleep an extra hour, everyone, unless you work the night shift. Then you’ll probably have to work an […]

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Want to Avoid FLSA Problems? Do a Self-Audit

FLSA violations are now the Department of Labor’s top enforcement target. Here’s how to use a self-audit to stay out of the bull’s-eye. In yesterday’s article on telecommuters suing their employers, most of the legal action described was over the issue of overtime payments. With workers geographically outside the employer’s control, there often is no […]

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Attorneys Offer Tips to Avoid Fair Labor Standards Act (FLSA) Lawsuits

Leading attorneys say you can stay dry in a rising tide of FLSA lawsuits by auditing your exempt/nonexempt classifications and maintaining a strict policy against improper deductions from pay. If you’d like your company to join the ranks of Wal-Mart, Starbucks, Radio Shack, and IBM, that’s easy to do. No, not in making stratospheric levels […]

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On-Call Workers: Does FLSA Make You Pay Them to Wait?

Under the Fair Labor Standards Act (FLSA), you have to pay on-call workers as they wait. Well, sometimes, anyway. Here are the criteria. The week between Christmas and New Year’s is traditionally a “stand-down” time at many businesses. A lot of employees choose to use this week to burn off remaining vacation time rather than […]

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Want to Avoid Fair Labor Standards Act (FLSA) Problems? Do a Self-Audit

If the government is willing to go after the world’s largest store on FLSA, they’ll go after anyone. Here’s how to keep the Washington wolves from your door. Wal-Mart has been in the news lately, and not just for having “always the low price.” According to government allegations, Wal-Mart has also had “sometimes the low […]

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