Tag: FLSA

Exemptions–Can You Define ‘Management,’ ‘Customarily’ and ‘Particular Weight’ ?

Yesterday’s Advisor pondered the issue of how much nonexempt work an exempt employee may do; today, issues around the executive exemption plus an introduction to Managing an HR Department of One. Once again, we turn to BLR/HRHero’s Wage & Hour Self-audit Guide: Practical Solutions for HR for guidance. The DOL’s tests for the executive exemption […]

Must Exempts Do Exempt Work "Most" or "All" the Time?

With the new year comes the increased likelihood of new regulations that will require employers to maintain written justifications for exempt-nonexempt decisions. Here’s some guidance on how much nonexempt work an exempt employee can perform and still be exempt. For help with this tricky issue, we turned to BLR/HRHero’s Wage & Hour Self-audit Guide: Practical […]

Overtime and Part-Time Pay Beliefs … Busted

Yesterday’s Advisor busted seven myths of pay for non-exempts; today, five more plus an introduction to the best way to ferret out wage/hour and other expensive errors before the feds do. Myth #8—Employees must be paid overtime for more than 8 hours a day or for weekend work or holiday work. [Go here for Myths […]

The Dirty Dozen Widely-Believed Myths of Wage/Hour

Vacations? Overtime after 8 hours? Double time for holidays? These are some of the many myths of wage and hour that managers adhere to. In today’s Advisor, we’ll dispel a dozen of them. Myth #1—Employees get extra pay for working nights and weekends. The Facts: The FLSA does not require extra pay for weekend or […]

Can Denying a Raise Be Retaliation under the ADA?

An example of a potential ADA violation would be an employee who is being treated for post-traumatic stress disorder (PTSD) resulting from incest who requests reasonable accommodation. Her supervisor then tells the employee’s co-workers about her medical condition. The employee tells the supervisor she intends to complain to HR about his unlawful disclosure of confidential […]

‘Only Women Can Be True Victims of Domestic Violence’ (Your Manager?)

DOL’s  recently released Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, offers examples of employment discrimination and retaliation that may be overlooked. What are some examples of employment decisions that may violate Title VII and involve applicants or […]

Complaint on DOT Debit Card Program Could Affect Future QTFB Guidance, Part 1

A private company that provides paper transit vouchers to parts of the federal government for use in its qualified transportation fringe benefits has claimed that the U.S. Department of Transportation is implementing an electronic payment system that does not comply with IRS guidelines in a program that is intended to replace paper transit fare vouchers […]

Complaint on DOT Debit Card Program … , Part 2

(This is a continuation of the previous story)   Exactly what standard of protection is acceptable in a QTFB debit card is unsettled. Not all cards are created equal, and some types do a better job of restricting transactions than others. Swafford maintains that the debit card program the DOT has implemented is not only […]

Know the Public’s Breaking Points on Exec Pay

Fichthorn, who is vice president in the Philadelphia office of Hay Group, offers the following chart to clarify what employers want and how it compares to what the public wants. Topic Area What Makes Business Sense? What Do Shareholders Want? Where’s Their Breaking Point? Pay Philoso-phy Pay positioning that maps to competitive positioning Pay positioning […]

Wage/Hour Litigation Bringing Down the Bottom Line?

[Go here for yesterday’s survey results] What is the amount of annual litigation expense (by company size) in the US? The trend of increased litigation expenditure has resumed. Last year marked the first drop in the percentage of companies spending $1000000 or more on litigation since 2007. This year, the increase resumed with just over […]