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FLSA

Ask the Expert: Our Employee Is On a Boat! How Do We Pay Him?

Question: An employee works on a boat (manual labor so does not meet job duties tests) that goes out for days at a time. He essentially “lives” on the boat while out at sea. How do we determine his “hours worked” in order to be compliant with the FLSA?

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Overtime Rule Injunction Leaves Risks in Every Direction

Employers may face legal and morale problems regardless of how they decide to respond to the injunction temporarily blocking the Fair Labor Standards Act’s (FLSA) new overtime rule, says one expert.

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‘Bag Check’ Settlements Have Lessons for California Employers

Several California employers have in recent weeks shelled out millions of dollars to settle claims that their employees should have been paid for time spent waiting for security checks.

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Employer’s Reliance on Team Leaders’ Suggestions Dooms FLSA Claim

By Bonnie M. Boryca

The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime to nonexempt employees. Most employers are familiar with the Act’s exemptions for executive, administrative, professional, computer, and outside sales employees. The particulars of the exemptions are set forth in U.S. Department of Labor (DOL) regulations, and deciding whether an exemption applies to a certain job can be very fact-intensive.

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Does Withholding Final Wages Create FLSA Claim?

By Raanon Gal, Taylor English Duma LLP

The U.S. 11th Circuit Court of Appeals— which covers Alabama, Florida, and Georgia—recently ruled whether an hourly computer employee whose employer withheld his final 3 weeks had a minimum wage claim under the Fair Labor Standards Act (FLSA).

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Q&A: FLSA Overtime Exemption Regs Create Pay Compression

Question: We are currently evaluating a number of exempt positions with our company in respect to forthcoming FLSA overtime exemption changes.  Their salaries range below the new salary threshold and above (all depends on tenure and experience). We are looking at bumping everyone to the minimum amount.  How are most companies handling the individuals who are already making that amount? For example, it doesn’t seem good for morale or even ethical to have two employees making the same amount when one has been here less than a year and another who has been there 3-4 years.

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Overtime Regulations Q&A: Can We Switch Less Experienced Managers to Hourly?

Question: All of our restaurant and kitchen managers are paid a salaried wage (based on experience), and have similar job requirements. With the new  overtime regulations (FLSA exemption requirements) headed our way in December, we are going to switch our newer, less experienced (lower paid) managers to hourly management. Can their job descriptions remain the same, just with the hourly vs. salaried title?

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Supreme Court Won’t Review FLSA Whistleblower Case

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.

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FMLA Implications of the New FLSA Overtime Rule

By Peter Susser and George Wood, Littler Mendelson, P.C.

You have spent weeks agonizing over the Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime rule, ultimately determining that you will need to move a number of employees from exempt to nonexempt status to remain complaint. Feeling good about your work, you kick back to enjoy your newfound leisure time, only to wonder: “How does the change in FLSA status for these employees affect their FMLA leave usage rights? For example, once these employees become nonexempt, how do I calculate their FMLA entitlement for intermittent leaves?”

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ERISA, FLSA, FMLA Penalties Increased by DOL Rule

By David Slaughter, JD, Senior Legal Editor

Maximum penalties for violating many employment and benefits laws were increased, some of them substantially, by the U.S. Department of Labor (DOL) in a departmentwide rule published July 1 (81 Fed. Reg. 43429).

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