Practical HR Tips, News & Advice. Updated Daily.
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 […]
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 […]
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. […]
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 […]
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 […]
by Tracey A. Cullen It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are protected under […]
by Donovan Plomp McCarthy Tetrault The British Columbia Court of Appeal just issued an important decision about an employee’s right to make a statute-based overtime claim in a civil action. The decision, Macaraeg v. E Care Contact Centers Ltd., should make BC employers very happy. And it may provide a new defense to overtime pay […]
In a society that’s increasingly dependent on technology, it’s important to consider some of the problems that could arise for technologically savvy employees who are allowed to work from home. Some employees who work away from the office by using devices like laptop computers, BlackBerries®, iPhones®, cell phones, and pagers will claim they worked overtime […]
by Kara Shea Wage and hour compliance issues are probably the single greatest source of worry (and sleepless nights) for employers, at least those who are reading the headlines. In the last several years, employers around the country have been hit with huge damages awards in wage and hour litigation or have agreed to pay […]
by Kara Shea Typically, when employers consider whether their employees are exempt from federal overtime pay requirements, they think in terms of the “big three” exemptions — administrative, executive, and professional, collectively known as the “white-collar” exemptions. When reviewing job positions, classifying new positions, or conducting an internal audit, however, remember to consider some lesser-known […]