Tag: FLSA

Legislation Seeks to Curb Employee Misclassification via Fines, Notice Rules

By Holly Jones, Senior Legal Editor Apr 28, 2010 HR Management & Compliance

Updated: Apr 28, 2010

Adding momentum to federal agencies’ ongoing initiatives to crack down on employee misclassification, the U.S. House and Senate have introduced legislation intended to curtail the misclassification of employees as independent contractors. The Employee Misclassification Prevention Act, introduced April 22, would amend the Fair Labor Standards Act (FLSA) to impose additional compliance and record-keeping requirements on […]

FLSA Recordkeeping, FMLA Rule Revisions Planned for Later This Year

By Holly Jones, Senior Legal Editor Apr 28, 2010 HR Management & Compliance

Updated: Apr 28, 2010

This morning the Department of Labor (DOL) hosted its final two agency agenda web chat sessions, beginning with an hour-long segment hosted by the Wage and Hour Division (WHD). Deputy Administrator Nancy Leppink fielded questions and provided insight toward the Division’s current regulatory initiatives. The agenda priorities for the Division in the Spring agenda include […]

Wage War: DOL Launches Aggressive “We Can Help” Enforcement Outreach

By Holly Jones, Senior Legal Editor Apr 7, 2010 HR Management & Compliance

Updated: Apr 7, 2010

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has fired a loud warning shot to employers in its ongoing effort to increase federal Fair Labor Standards Act (FLSA) enforcement. In a news release late last year, U.S. Secretary of Labor Hilda Solis first unveiled plans for a proposed program to work with […]

Wage and Hour—No Good Deed Goes Unpunished

By Stephen Bruce, PhD, PHR Mar 24, 2010 HR Management & Compliance

Updated: Mar 24, 2010

In yesterday’s Advisor, we featured lawsuit avoidance tips from Attorney William J. Anthony. Today, we’ll cover more of his wage and hour tips, and we’ll take a look at a unique one-stop solution for meeting HR challenges. Anthony made his remarks at a recent seminar sponsored by national law firm Jackson Lewis LLP, where he […]

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

By Stephen Bruce, PhD, PHR Mar 23, 2010 HR Management & Compliance

Updated: Mar 23, 2010

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 […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

By Connecticut Employment Law Letter Mar 11, 2010 HR Hero Line

Updated: Mar 11, 2010

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

By Wyoming Employment Law Letter Jan 15, 2010 HR Hero Line

Updated: Jan 15, 2010

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

By Pennsylvania Employment Law Letter Dec 11, 2009 HR Hero Line

Updated: Dec 11, 2009

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

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

By Stephen Bruce, PhD, PHR Dec 6, 2009 HR Management & Compliance

Updated: Dec 6, 2009

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 […]

Beware Deductions for Lost or Stolen Property from Exempt Employees’ Pay

By Oklahoma Employment Law Letter Nov 13, 2009 HR Hero Line

Updated: Nov 13, 2009

by Kathy Neal Many things can be scary for the unseasoned HR manager, particularly when it comes to wage and hour law. One of the scariest areas involves pay deductions. HR Guide to Employment Law: A Practical Compliance Reference Understanding the Fair Labor Standards Act – FLSA Many employers issue laptops or smartphones to their […]