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.

Is Your CEO Owed Overtime? ‘Yes,’ Says Expert

Is the CEO owed overtime? Absolutely, says attorney Phillip Russell. Every employee must be paid overtime unless he or she falls into one of the exemption classifications. While it is hard to imagine a non-exempt CEO, Russell was making the important point that job title alone does not determine whether an employee is exempt. Russell […]

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New Cottage Industry– Small Wage and Hour Claims Against Your Company

There’s a new breed of plaintiff lawyer out there, says attorney Phillip Russell, and they are not looking for the companies with 1,000 employees—they’re happy to find 10 or 15 employees working off the clock or due unpaid overtime. Russell is a member of the Tampa, Florida, office of national employment law firm Constangy, Brooks […]

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Off the Clock, but on the Payroll–and Other Overtime Challenges

In yesterday’s Advisor, we discussed the “overtime revolution” and hit some common overtime violations. Today, more violations and the announcement of an audio conference that will help insulate you from overtime lawsuits. As we said yesterday, overtime violations, easy as they should be to avoid, just keep coming and coming. And many involve high-dollar settlements. […]

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Who’s Owed Unpaid Overtime in Your Organization?

Changes to overtime rules have been in place since 2004 , yet employers are getting tripped up for big-dollar lawsuits with increasing frequency. What’s up with that? Just a few examples from recent headlines: • McLand, a wholesale distributor of food and grocery products, pays $1.5 million in overtime to “retail merchandising specialists.” • Allied […]

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Are You Clear on This Week’s Minimum Wage Changes, Exemptions, Independent Contractors?

Wage and hour questions should be simple, but every comp manager knows they’re not. What to do … especially when you have to depend on low-level supervisors to manage things? First, let’s finish explaining the minimum wage change, then talk about how to keep comp in compliance. In yesterday’s Advisor, we covered states affected by […]

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Federal Minimum Wage Pops Up Again This Week—To What Effect in Your State?

It’s time to check with payroll to make absolutely sure that you are geared up for the change in the federal minimum wage. The second of three increases will take effect on Thursday (July 24, 2008). The impact on employers may vary depending on the state in which employees work. This Thursday, July 24, the […]

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DOL’s Top Independent Contractor Trouble Spots

As seen in yesterday’s Advisor, the determination of independent contractor status can be tricky. Today: DOL’s top contractor problem spots, and a guide that picks up your FLSA problems before the feds do. The U.S. Department of Labor (DOL) points out the following particular problem areas for employers when it comes to determining whether a […]

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Are They Really Independent Contractors?

A company has an agreement with workers that labels them “independent” contractors. That means they are, right? These days, the answer is a definite … maybe. These days, organizations frequently try to increase their workforce flexibility and decrease their benefit costs by hiring independent contractors to do required work. All well and good … unless […]

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A Simple Chart to Justify Overtime Exemptions

Per yesterday’s Advisor, the exempt/nonexempt designation can be terrifically important: To employees, to you, and to the government. Today we’ll look at two ways to make it simpler and easier. One of the easiest ways to deal with exemption issues is to use a chart, says attorney Tom Makris of Pillsbury Winthrop Shaw Pittman, LLP […]

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FLSA Exempt vs. Nonexempt Classification: Living in Lawsuit City

Overtime FLSA lawsuits are cropping up by the dozens—what’s behind them? And more important, what can you do to protect yourself? Which of your employees are exempt from being paid overtime? Which are not? Although the exemption rules are clearly laid out by the Fair Labor Standards Act (FLSA), in each exemption category—executive, administrative, computer, […]

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