Tag: FLSA

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 […]

Online Exclusive: Sample Policy on Deductions from Pay

All deductions from an employee’s wages will be made in accordance with applicable law and, when required, the employee’s consent. Deductions may be made from an employee’s wages for Social Security taxes, federal and state income taxes, child support, garnishment, and assignment of wages, as applicable. Employees will be notified of deductions due to court […]

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 […]

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 […]

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) […]

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 […]

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, […]

More Emergency Closing Challenges—and an HR and Comp Managers’ “Multi-Tool” to Get You Through

In the last Advisor, we considered compensation challenges related to emergency closings. Today: Related hassles and the problem solver thousands of HR pros use to help them through it. In an emergency closure, ordinary procedures are usually disrupted. Here are key processes you need to have in place to keep things going: Notification Notification is […]

FLSA Wage and Hour Audit Done, No problems … April Fools!

You have no FLSA problems of any kind? Then it’s surely April Fools’ Day! Almost everyone has problems complying with this law. So what do you do when an FLSA audit reveals them? Let’s answer that … and alert you to an excellent self-audit guide to help you fix what needs fixing before it really […]