Practical HR Tips, News & Advice. Updated Daily.
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, […]
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, […]
“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. […]
Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units. […]
In 2005, the California Supreme Court ruled that, under state law, individual managers and corporate officers couldn’t be held personally liable for unpaid wage claims. In other words, only the company could be forced to pay back wages. This was an important victory for California employers (Find out more on the 2005 case). But the […]
The Fair Labor Standards Act (FLSA) sets the minimum wage and overtime pay requirements for employers. Within the FLSA, there are record-keeping requirements, including a list of 15 types of information employers must keep for up to three years. Compliance is not only required by law, but it can also be very helpful in the […]
Wage and hour claims remain a hot topic in employment litigation. The Sixth U.S. Circuit Court of Appeals recently addressed a case involving pay deductions. While the court rejected some of the employees’ arguments, it ultimately agreed with the district court that the employer violated the Fair Labor Standards Act (FLSA) by making certain deductions […]
On July 24, 2009, the federal minimum wage will increase to $7.25 per hour. The increase is the result of a May 2007 amendment to the Fair Labor Standards Act (FLSA), which boosted the minimum wage in three steps. The first two steps — to $5.85 and then a year later to $6.55 — were […]
On February 10, 2009, Congresswoman Cathy McMorris Rodgers (R-Washington) again introduced the Family Friendly Workplace Act, which, if passed, would amend the Fair Labor Standards Act (FLSA) and authorize private employers to provide compensatory (or “comp”) time off in lieu of overtime pay. For almost 20 years, the public sector has been using comp time, […]
(Updated May 2010) By Hillary J. Collyer Summer is here, which means that student interns are arriving for their summer internships — and many of these internships are unpaid. Internships afford students the opportunity to gain practical, real world experience, as well as explore various career paths and develop potential contacts. Employers should be careful, […]