Tag: Fair Labor Standards Act

Beware Misclassifying Workers as Exempt Administrative Employees

As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative employees. Although it should be […]

Make Sure Your Payroll Practices Are Compliant

The U.S. Department of Labor (DOL) estimates that almost 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA). Lawyers who represent employees are well aware that most employers aren’t compliant, as evidenced by a significant increase in FLSA claims. In fact, wage and hour claims, including collective actions, have increased […]

Overtime and Wage Lawsuits: Potential Liability for Most Employers

Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws. Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is no requirement that […]

Strict Safety Requirements for Teen Workers

Memorial Day, the unofficial start of summer, is just a few weeks away and many employers have started thinking about adding students to their workforce. Here are some issues to consider as those eager, money-hungry youngsters join your workplace. Safety first The Occupational Safety and Health Administration (OSHA) and the U.S. Department of Labor (DOL) […]

Preventing Unauthorized Overtime by Employees Working From Home

In a society that’s increasingly dependent on technology, it’s important to consider some of the problems that could arise for technologically savvy employees who are allowed to work from home. Some employees who work away from the office by using devices like laptop computers, BlackBerries®, iPhones®, cell phones, and pagers will claim they worked overtime […]

Retail Sales Exemption to Federal Wage Law

by Kara Shea Typically, when employers consider whether their employees are exempt from federal overtime pay requirements, they think in terms of the “big three” exemptions — administrative, executive, and professional, collectively known as the “white-collar” exemptions. When reviewing job positions, classifying new positions, or conducting an internal audit, however, remember to consider some lesser-known […]

Just Say No to Comp Time

by Kara Shea I hear it all the time: Our employees want comp time; our employees like comp time. Why can’t we give them comp time? And time and time again, I have to deliver the unpleasant news: In most cases, even if your employees love comp time like they love ice cream sundaes and […]

Handling Employees Summoned for Jury Duty

John, a regular full-time employee of BigCo, received a jury summons from federal court. Upon learning he had to appear for jury duty, he called Jamie, BigCo’s human resources representative, to find out what he needed to do. Jamie told him that he needed to take personal leave for his absence. After hearing John complaining, […]

Pay, Time Off Issues for Office Closings Due to Inclement Weather

by Susan W. Kline With winter weather upon us, including snowy and icy road conditions, employers are faced with the prospect of lost time when employees can’t or don’t report to work because of inclement weather. Not only do absences due to bad weather reduce productivity, but they also raise a number of issues about […]