Tag: FLSA

IRS Sets HSA, HDHP Limits for 2013

Employers with high-deductible health plans (HDHPs) that make it possible for employees to open health savings accounts (HSAs) have plenty of lead time to prepare for 2013. The IRS on April 27 issued Revenue Procedure (Rev. Proc.) 2012-26, which contains the HSA and HDHP limits for calendar year 2013. The HSA annual limits and the […]

IRS Proposes Regulation on Local Lodging Expenses

Some business-related lodging expenses incurred in the vicinity of home will be deductible, if the IRS amends the rules under Code Section 162. The agency moved to do that in rules proposed on April 25. In general, the tax Code does not allow a deduction for expenses paid or incurred for lodging when not traveling away from home. […]

A Peculiar Line of Commerce: Supreme Court Weighs FLSA Status of Rx Sales Reps

The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]

How Can I Avoid Suits Related to Hiring Practices?

West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Here are West’s tips for avoiding hiring lawsuits: Use application forms Ask about felony convictions READ the completed application Look for and ask about gaps in employment, missing information Check references […]

Brinker Decision Pushes Meal, Rest Breaks Top of Conversation

Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]

New York and California Trying to Clean up FLSA Abuses at Car Washes

As spring rolls in, muddy cars are a frequent occurrence, and car washes typically see increased patronage in the spring and summer months — which means longer hours for car wash employees. However, those employees are still entitled to overtime pay (and other legal protections) when high demand means increased work hours. Recently, car washes […]

Independent Contractor? … I Don’t Think So

In yesterday’s Advisor, attorney Christine V. Walters offered tips on legal dangers associated with volunteers, interns, and independent contractors. Today, more of her tips, plus an introduction to the 50×50, a unique guide to 50 employment laws in 50 states.< Walters, who is a consultant with the FiveL Company in Westminster, MD, gave her recommendations […]

Avoid Overtime Overages From Mobile Device Use

Employers need to spell out their policies for off-hours use of mobile devices for work purposes or they risk racking up unnecessary overtime. Mobile devices have worked their way into virtually every area of our lives, both at work and at home. You may even be reading this blog on a smart phone or tablet […]

Misclassification: DOL and IRS Declare War

Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for HR managers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters. Walters, who is a consultant with the FiveL Company in Westminster, MD, offered her tips […]