Tag: Wage Hour

Tough Love: Your Employees Won’t Tell You, But I Will

Attorney Jonathan Segal, SHRM’s top-rated speaker, has been listening to what employees say about HR and compensation, and he’s distilled what he learned into 15 principles all managers should abide by. Segal, who is a partner with law firm Duane Morris LLP in Philadelphia, shared what he’s found in engagement surveys, discussions with CEOs and […]

FLSA Misclassification Woes: Independent Contractor or Employee?

Properly classifying someone as either an independent contractor or employee is one of the biggest problems employers have when adhering to FLSA requirements. Do you know when it is okay to classify someone as an independent contractor and when they should be classified as an employee instead? DOL Focus: Independent Contractor or Employee "One of […]

7th Circuit: Successor Must Pay $500K for Previous Owner’s FLSA Violations

A successor employer could not escape paying a $500,000 damages award for the previous owner’s Fair Labor Standards Act violations.  The case, Teed et al. v. Thomas & Betts Power Solutions LLC, Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013), involved a tricky analysis of whether the purchaser of a business could be held responsible […]

Can Employees Agree to Waive Overtime?

Yesterday’s Advisor reviewed how to calculate the “regular rate” of pay. Today, can you waive overtime rights, plus an introduction to BLR’s unique 10-minutes-at-a-time training system. Here are some little-known facts about overtime. Actually, it’s not so much that they are little known as oft ignored. Agreements to Waive Overtime Barred Employees may neither waive […]

OT=1.5 x $-per-hr, Right? Sorry.

Most managers think overtime calculation is simple—1½ times the hourly rate. That’s one of the most common wage and hour misconceptions—and violations. Overtime is 1½ times the “regular rate,” which is often not the same as the hourly rate. The regular rate must include the reasonable cost of meals, lodging, and other facilities provided to […]

12 States Trying to Beat Feds to the Gate on Higher Minimum Wages

As the federal minimum wage debate heats up, the real challenge for employers could be at the state level, if a dozen pending measures to increase state minimum wages gain traction. The proposals share DNA with federal measures being pushed by President Obama and congressional Democrats — to raise the minimum wages and in many […]

Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

Can You Forbid Discussions of Salary and Pay?

It’s all part of NLRB’s new expansive view of its role. For insights about the overly aggressive NLRB and the recent court decision concerning the legitimacy of President Obama’s recess appointments, we spoke with Patricia Trainor, BLR’s senior managing editor, HR. “There’s a very interesting situation at the NLRB now: A court has ruled that […]

Post-Recession Compensation: Attract and Retain Top Talent

Your organization may be at risk of losing top talent and may face future recruiting challenges as employees weigh their employment options more carefully in a recovering economy, says Daniels, who is senior consultant at Keating Advisors, LLC. Hiring Is Heating Up Recent BLS data, says Daniels, show that there is an increase in hiring. […]

Can We Hire a Foreign Exchange Student as an Intern?

We are an accounting firm that frequently hires area college students to intern for short periods throughout the year. We recently received a few outstanding applications from foreign students attending the local college.  Can we hire foreign students as interns? The short answer is that yes, foreign students are eligible for paid employment off campus, […]