Practical HR Tips, News & Advice. Updated Daily.
by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]
by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]
Statistics from the U.S. Department of Labor estimate that almost 70% of employers aren’t in compliance with the Fair Labor Standards Act (FLSA)—a percentage that almost certainly increases when similar violations under state law are taken into account. The federal Department of Labor is tackling this problem in a big way, dedicating a staggering $25 […]
In yesterday’s Advisor, we profiled Seyfarth Shaw’s eight trends that make class actions a real danger for every HR department. Today, key issues and an introduction to a unique training system that will help you avoid class actions altogether. Seyfarth Shaw LLP’s Annual Workplace Class Action Litigation Report suggests HR managers take note of the […]
For the coming year, the financial risks of class action litigation are “enormous,” says attorney J. Stephen Poor, and more often than not, class actions adversely affect your market share and impact your reputation in the marketplace as well. Poor, who is the Managing Partner of law firm Seyfarth Shaw LLP, made his remarks in […]
What effect does your employees’ use of PDA’s have on wage and hour issues? Are you “suffering and permitting” when they respond to calls after hours? Is any time ever “de minimis?” Attorney Laura Innes tackles these questions and makes some recommendations for 2011. Compensable “hours worked” is all the time during which an employee […]
According to one recent survey, pay violations are rampant, says attorney Laura E. Innes, Esq. For example, more than a quarter of those surveyed reported that they had received less than the minimum wage in the previous week, and 60% of those reported being underpaid by more than $1 per hour. Innes, a shareholder in […]
September 08, 2010 Issues with interns usually revolve around whether or not they are paid. Therefore, the DOL has created rules on this topic. I will provide them to you, even though they do not answer your question exactly, because they will allow you to see that if the intern has been working for you […]
An enthusiastic and energetic individual approaches you with a proposal to volunteer his time to gain valuable experience in your industry. “After all,” reasons the prospective volunteer, “how can I get my first job if I have no experience in the field of my choice?” Sounds like a win-win situation, doesn’t it? Like many win-win […]
An agency Web chat hosted by the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) on Thursday, January 6, provided expected dates for proposed regulations on record-keeping under the Fair Labor Standards Act (FLSA). A Notice of Proposed Rulemaking on the “Right to Know Under the Fair Labor Standards Act” initiative is expected […]