Tag: FLSA

job description

Are Job Descriptions a Tedious Waste of Time?

Job descriptions—usually seen as just another task on the to-do list for HR professionals—are generally an underused resource. But you can rely on them for a variety of reasons, including recruiting, performance reviews, reasonable accommodations, and employee classification.

wage

Caution Advised for Employers Considering DOL’s New PAID Program

The U.S. Department of Labor’s (DOL) announcement of a pilot program aimed at getting employers to voluntarily work with the department to resolve “inadvertent” overtime and minimum wage violations represents an opportunity for employers to fix mistakes without litigation, but attorneys who work with employers on wage issues urge caution.

minimum wage

9th Circuit Adopts Workweek as Proper Measure for Minimum Wage Compliance

Following the lead of several other courts of appeals and the long-held position of the U.S. Department of Labor (DOL), the U.S. 9th Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—recently concluded that minimum wage compliance under the Fair Labor Standards Act (FLSA) is determined by dividing the […]

When Must Employees Be Paid for Training?

There’s still a lot of uncertainty across industries about when you must pay your employees for training hours. Businesses know that underneath the Fair Labor Standards Act (FLSA) they’re responsible for compensating their employees for all the hours they’ve worked. But when does training fall underneath the umbrella of “hours worked”? Does it apply to […]

compensation

Preshift Activities: Compensable or Not Compensable? That Is the Question!

According to Albert Einstein, “Time is an illusion.” Or is it? The U.S. Court of Appeals for the 5th Circuit— which covers Louisiana, Mississippi, and Texas—recently heard a claim in which three workers said they weren’t sufficiently compensated under the Fair Labor Standards Act (FLSA) for all the work they performed. The workers, who were […]

time

6th Circuit Shows Fine Line Between Exempt and Nonexempt Duties

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that employees were sometimes exempt from receiving overtime but were not exempt other times. The deciding factor was a very slight difference between the discretionary authority exercised in each role.

New Rules for Internships

The U.S. Department of Labor (DOL) has updated its internship fact sheet to help employers determine whether interns and students working for “for-profit” employers are entitled to minimum wages and overtime pay under the Fair Labor Standards Act (FLSA).

arbitration

1st Circuit Reminds Employers to Ensure All Parties Have Agreed to Arbitration

Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]