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.

70% Not in FLSA Compliance? ‘A Gross Understatement’

The feds estimate that 70 percent of employers are not in compliance with the Fair Labor Standards Act (FLSA). "That’s a gross understatement," says Attorney William J. Anthony. He suspects that it’s more like 95 percent that are not in compliance with either federal or state laws on wage and hour matters. "There are a […]

DOL, EEOC, and Your Employees’ Attorneys Are Reading This Report

A recently released report concludes that a stunning percentage of workers in this country are underpaid and otherwise mistreated at work. The surprisingly widespread incidence of violations suggests that they are probably happening to some extent in your workplace. It’s likely that these figures will spur government agencies (and plaintiffs’ attorneys) to an even higher […]

Feds Are Knocking—Are You Ready?

By Patricia M. Trainor, J.D.BLR Legal Editor In yesterday’s Advisor, attorney Marc L. Jacuzzi pointed to the surge in wage and hour lawsuits and gave tips for preventive audits. Today, we’ll finish his tips and take a look at a unique HR audit system. Jacuzzi, a partner in the law firm of Simpson, Garrity, Innes, […]

FLSA Audit: 9 Compliance Tips and a Checklist

Why is now the time to conduct a wage and hour audit at your company? Because now is the time that you are going to get sued, warns attorney Marc L. Jacuzzi. Jacuzzi attributes the significant increase in Fair Labor Standards Act (FLSA) claims to the fact that so many people are out of work, […]

Is $95K PowerPoint Preparer Exempt from Overtime?

“Artistic” exemption? Is an employee who earns $95,000 preparing PowerPoint® presentations for very high-level financial presentations exempt from overtime under the Fair Labor Standards Act (FLSA) “artistic exemption”? “Probably not,” in the opinion of Attorney Myron Moye, speaking at the BLR® National Employment Law Update running this Monday through Wednesday (October 19-21) in Las Vegas. […]

Wage & Hour Audits—You or the Feds?

Yesterday’s Advisor answered some quirky questions on overtime. Here are several more, plus an introduction to a wage and hour audit system that will help you spot problems before the feds do. Do we have to pay employees who clock in early?Is it legal for us to refuse to pay hourly employees straight time or […]

Quirky Overtime Questions You Probably Should Be Asking

Wage and hour ought to be simple, but our customers keep coming up with new twists. How many of these questions cover situations you face in your organization? Do I have to pay overtime on paid lunch breaks?Our workweek is 35 hours, plus we pay lunch breaks of 1 hour each day, totaling 40 hours […]

Guaranteed New Year’s Resolution—Bulletproof FLSA Compliance

Happy New Year, readers. Here’s one resolution that you can easily keep—to audit your exemptions and pay practices (before the feds make good on their resolution to do it for you).  If yours is like most organizations, you’ll get the biggest bang for your New Year’s buck with an FLSA audit. The astounding amounts of […]

‘Oh, Sure–She’s Exempt.’ Uh Huh.

Today we look at misclassification—the third of “The Big Three” compensation challenges (see yesterday’s Advisor for the other two)—and a new in-depth audio conference series that will answer the tricky technical questions about exemptions. Misclassification can lead to big-bucks fines and lawsuits. First, if you’ve misclassified one employee as exempt, you’ve probably misclassified many others […]

FLSA Lawsuits—Throttle ‘The Big Three’

Wage and hour just shouldn’t be that hard, but the lawsuits keep coming, and the dollar amounts are staggering—especially when class actions amplify fees, fines, and judgments. What’s the problem? A number of factors make wage and hour a challenge: Many of the decisions about overtime, break time, meal time, and hours of work are […]