Mark Adams, editor of Louisiana Employment Law Letter, answers the 10 most common workplace questions.
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.
By the way, the amount of attorneys’ fees in the headline is not the amount the employer paid its lawyers. Oh, no—that’s the amount it had to pay the employee’s lawyers for suing to recover the $608 in unpaid overtime. To make the disparity even stranger, the employee lost two of his three claims at […]
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.
Much of a new law affecting overtime pay in mills, factories, and manufacturing facilities in Oregon will take effect on January 1. In most circumstances, employers in Oregon must pay overtime wages after an employee has worked 40 hours in a week, but mills, factories, and manufacturing facilities also face a daily overtime requirement after […]
Among the various “exemptions” from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) are “administrative” employees. The question presented in a recent decision by the 9th Circuit—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—was whether mortgage loan underwriters who work for lending banks fit the administrative exemption.
A recent decision from a California Court of Appeal addressed the issue of whether a worker without a work permit was entitled to minimum wage and overtime protections under federal and state law. Further, the court examined the novel issue of whether lodging and meals provided to an employee may be used to satisfy the […]
Car dealership “service advisors” are entitled to overtime pay, even though the regulations granting them overtime are not entitled to deference, the 9th U.S. Circuit Court of Appeals has ruled.
Many exempt employees are salaried, and many nonexempt employees are hourly. Sometimes, however, an employer may have salaried nonexempt employees. This article explains whether an employer may prorate the salary of a salaried nonexempt employee who works less than 40 hours in a workweek under the federal Fair Labor Standards Act (FLSA).
Question: Can we require employees to be at work 15 minutes prior to their normal scheduled start time to ensure they are at and prepared to work when scheduled, while also avoid paying overtime?