Tag: overtime

Interns and Trainees: Must They Be Paid?

(Updated May 2010) By Hillary J. Collyer Summer is here, which means that student interns are arriving for their summer internships — and many of these internships are unpaid. Internships afford students the opportunity to gain practical, real world experience, as well as explore various career paths and develop potential contacts. Employers should be careful, […]

EEOC Violated the FLSA? Oops

An arbitrator has ruled that the U.S. Equal Employment Opportunity Commission’s (EEOC) practice of giving comp time to employees who worked extra hours didn’t meet the requirements of the Fair Labor Standards Act (FLSA). The ruling stems from a 2006 grievance protesting the EEOC’s reclassification of certain investigators and mediators as exempt from overtime under […]

Investigation Accuses Wage and Hour Division of Blunders that Fail Workers

After a nine-month undercover investigation into the Department of Labor’s (DOL) ability to enforce and investigate violations of federal minimum wage, overtime, and child labor laws, the Government Accountability Office (GAO) reports serious failures. The report, which was released March 25, was prompted by a request from the House Education and Labor Committee. The investigation […]

Do Your Excess Hours and Overtime Averaging Permits Need to Be Renewed?

by Martin Denyes As Ontario employers reduce their workforces and potentially look to smaller numbers of remaining employees to take on increasing workloads, February is the time to review existing excess hours agreements and permits and overtime averaging agreements and permits. Legislation requiring permits and agreements for hours in excess of 48 in a week […]

Make Sure Your Payroll Practices Are Compliant

The U.S. Department of Labor (DOL) estimates that almost 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA). Lawyers who represent employees are well aware that most employers aren’t compliant, as evidenced by a significant increase in FLSA claims. In fact, wage and hour claims, including collective actions, have increased […]

Correctly Classifying IT Employees As Exempt or Non-exempt

by Kara Shea I’m often asked to give advice about whether employees are exempt from the overtime requirements of federal law. I have to say that it’s a pretty easy call about 70 percent of the time. But then there’s that troubling 30 percent of jobs that give my clients (and, truth be told, yours […]

Overtime Class Action Against KPMG Settled

by Karen Sargeant As we reported earlier this year, 2007 saw three overtime class action lawsuits in Canada — a $651 million class-action lawsuit filed against the Canadian Imperial Bank of Commerce (CIBC), followed quickly by a $20 million class action against KPMG and then a $350 million class action against a second major Canadian […]

Payroll Deductions That Don’t Affect Employees’ Exempt Status

by Gary Fealk Workers who qualify as executive, administrative, or professional employees may be exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) if they are paid on a salaried basis or not less than $455 per week. However, if an employee’s basis of compensation isn’t “salaried,” the exemption will be lost. […]

BlackBerry® and iPhone® Use May Lead to Overtime

In today’s technological climate, it seems that almost every employee, from the CEO to the rank-and-file worker, uses some type of personal digital assistant (PDA) or BlackBerry® device. PDAs, BlackBerries®, iPhones®, and other so called “smart phones” have a number of uses: calculator, clock, calendar, video recorder, address book, word processor, radio, and even Global […]

Overtime and Wage Lawsuits: Potential Liability for Most Employers

Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws. Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is no requirement that […]