Tag: Key Exemption Concepts
Exempt Employees: How California Employer Won Overtime Exemption for High-Level IT Employee
Skyriver Communications, Inc., a San Diego wireless broadband Internet service provider, employed Mark Combs as director of network operations and classified him as an exempt administrator. Combs spent about 60 to 70 percent of his workday ensuring that the company’s network was operating properly at all times. Combs eventually resigned, and he slapped Skyriver with […]
From the Experts: Demystifying the Motor Carrier Exemption, Part 2; When Truck Size and Driving Time Matter
FLSA Exemptions: How Many Workers Must Report to a Working Foreman to Make Him or Her a ‘Supervisor’?
We have a lot of production workers, several “working foremen,” and a few supervisors. A foreman has said that because of the number of people working under him (10 employees), he should be paid as a supervisor. So now we’re trying to sort out the distinction between workers, working foremen, and supervisors. Is there a […]
Wage and Hour: Court Looks at California’s Paycheck Cashing Rules; Avoiding Missteps
A new case puts the focus on the importance of complying with Labor Code paycheck rules, particularly the requirements that employees have a free means of cashing their paychecks here in the state (although checks do not have to be issued by a California bank) and printing on the paycheck the name and address of […]
Child Labor and Overtime Problems Wilt Employer
Organic grocer Sunflower Market has agreed to pay $125,310 in back overtime wages to 78 workers at its stores in New Mexico, Colorado, Nevada, and Arizona under an agreement with the U.S. Department of Labor (DOL) to resolve charges that the employer misapplied executive and administrative overtime exemptions. The DOL also fined Colorado-based Sunflower $10,670 […]
Food Distributor To Pay $1.5 Million In Back FLSA Overtime
The U.S. Department of Labor (DOL) has announced a settlement with McLane Co., Inc., under which the Texas-based food and grocery distributor will pay $1,559,316 in back wages to 570 employees. A DOL investigation found that the company misclassified employees as exempt and thus didn’t pay overtime wages. McLane erroneously regarded retail merchandising specialists as […]
Salary Basis: No Joyride for Motorcycle Shop Employee Who Sued Over Two Short Paychecks, But Watch Your Pay Practices
Short Takes: Withholding
Rest Breaks: How Do We Handle Complaints About Smokers’ Breaks?
We’re a small company and we’ve been fairly lenient with rest breaks. We assumed that employees would take a 10-minute rest break in the morning and again in the afternoon, but we haven’t policed exactly how long people take their breaks. We’ve also just let smokers step outside for cigarette breaks without tracking how often […]