Tag: FLSA

FLSA and Overtime: Overtime Calculation Has Complexities

When it comes to meeting your Fair Labor Standards Act (FLSA) and overtime obligations, how confident are you that you’re calculating overtime correctly? In a BLR webinar titled “Calculating Overtime: HR’s How-To Guide for FLSA Compliance,” Kara E. Shea outlined some tips on how to understand the correct overtime calculations and meet your FLSA and […]

Knowing Multiple Exemption Rules Can Enhance FLSA Litigation Strategies

Employees can qualify for multiple exemptions under the Fair Labor Standards Act, so employers should remember that if they document an employee’s specific exemption, they should note any and all applicable exemptions, so that they are able to argue multiple exemptions in any FLSA litigation. This principle is illustrated in Schaefer La-Rose v. Eli Lilly […]

Can You Scrap the Original Once It’s Scanned?

Yesterday’s Advisor focused on Jacuzzi’s rules for electronic recordkeeping. Today, we’ll get more of his tips and an introduction to BLR’s popular “find-it-before-the-feds-do” FLSA audit program. Jacuzzi is a shareholder in the South San Francisco law firm Simpson, Garrity, Innes & Jacuzzi, P.C. His comments came at a recent audio conference sponsored by BLR®. What […]

Employers Can Weigh in on Smartcard Guidance

Employers that offer mass transit benefits have an opportunity to put in their two cents’ worth on whether the IRS should issue clarifying guidance on the use of smartcards in conjunction with qualified transportation fringe benefits. The IRS said in Notice 2012-38, which it issued May 26, “The Treasury Department and the Internal Revenue Service have become […]

Should You Shift to Electronic Recordkeeping? (Hint: You Already Have)

  E-mail Spreadsheets Website E-documents Presentations Voice mail Payroll And just look at what else is potentially keeping an electronic record: Telephone extension detail Computer/network system log-on, log-off times Scantron® security system details Outlook calendars, notes, to-do lists Private files/journals Papers E-mail Microsoft® Word WordPerfect® Excel® PowerPoint® .pdf files Voice Mail Video clips Photographs .wav […]

Pay less for FLSA liability coverage by updating policies and monitoring workers

A relatively new form of insurance, employment practices liability insurance (EPLI) became popular in the 1990s after the 1991 Civil Rights Act amendments increased the frequency of discrimination claims in the workplace. EPLI typically covers defense costs, judgments and settlements of employment issues ranging from sexual harassment to wrongful termination. While many employers do not […]

What’s the Appropriate Sales Level for Commission to Kick In?

Schum, a Senior Consultant at Compensation Resources, Inc. in Upper Saddle River, NJ offered his tips for sales compensation design at a recent webinar sponsored by BLR/HRhero. Sales Compensation Model Schum offers an example of the true cost of a salesperson and then charts out how that might translate into a bonus program. Cost of […]

Sales Comp: All About How You Split the W-2 Pie

Schum, a Senior Consultant at Compensation Resources, Inc. in Upper Saddle River, NJ offered his tips for sales compensation design at a recent webinar sponsored by BLR/HRhero. For example, Schum says, here’s how one organization might split the sales compensation W-2 pie: Sample Sales Compensation Mix Tier     Scope of Accountability Base Salary (Fixed) Bonus (Variable)  […]

Avoiding a Clash Over FLSA Contractor Classifications

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]

New Car Wash Operator Gets Soaked by Old Owner’s FLSA Violations

A car wash operator apparently had a clean record of complying with labor law, but because of a special California labor law, a California appellate court recently held that the car wash was liable for a previous owner’s Fair Labor Standards Act violations, resulting in a $120,000 judgment.  The case, People ex rel. Harris v. […]