Tag: Overtime Pay

class action lawsuit

Misclassification Alone Is Insufficient for Class Treatment

Are certain classes of your employees routinely working overtime? If so, are they properly classified as exempt or nonexempt? Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime […]

FLSA: Exotic Dancers Are Employees, Not Independent Contractors

By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]

Supreme Court issues number of important employment rulings

by Sean D. Lee The U.S. Supreme Court’s October 2015 term ended in late June 2016. Employers and federal contractors should take note of several recent decisions that affect businesses nationwide across a broad range of areas, including employment discrimination, affirmative action, and overtime exemptions.   Green v. Brennan In Green v. Brennan (May 23, 2016), […]

Employers need to be ready for new overtime rule by December 1

The flurry of speculation is finally over. The White House and the U.S. Department of Labor (DOL) have released the new final rule governing which workers must be paid overtime. The changes aren’t quite as drastic as what employers were preparing for based on the contents of the proposed rule made public last summer, but […]

As new overtime rule nears, questions surface about salary threshold

by Tammy Binford As time winds down for the U.S. Department of Labor (DOL) to release its final rule changing who is eligible to collect overtime pay, reports are surfacing that the salary threshold may be somewhat lower than the figure originally proposed but still considerably higher than the level in the current rule.  The […]

Ask the Expert: Can We Substitute Reduced Rent for Overtime Pay?

We are planning to have one of our employees, who typically works Monday through Friday 8 a.m. to 4 p.m., live in one of our apartments for a reduced rent rate. In exchange for this, on the weekends he will empty the dumpsters and address any maintenance calls that may occur during the weekend. We […]

Assessments can serve as compass for trek through HR wilderness

Busy human resources professionals can easily get caught up in the day-to-day and lose sight of the path they want to be on, but an assessment can guide the HR team out of the weeds and back on the road to reaching an organization’s goals. Lori Kleiman, a Chicago-based HR consultant, recently conducted a webinar […]

Gaga over the FLSA monster

by Boyd Byers Pop diva Lady Gaga affectionately refers to her fans as “little monsters.” But she recently became acquainted with a big monster― the Fair Labor Standards Act (FLSA). Jennifer O’Neill, who worked as Gaga’s personal assistant, sued the pop star’s company, Mermaid Touring, Inc., for FLSA violations. She says she was continuously on […]