Archive for the 'Non-exempt Employee' Category

Beware Deductions for Lost or Stolen Property from Exempt Employees’ Pay

November 13, 2009 at 11:51 am by: Oklahoma Employment Law Letter

by Kathy Neal
Many things can be scary for the unseasoned HR manager, particularly when it comes to wage and hour law. One of the scariest areas involves pay deductions.

Sixth Circuit Addresses Salary Basis Test under FLSA

July 24, 2009 at 2:33 pm by: Ohio Employment Law Letter

Wage and hour claims remain a hot topic in employment litigation. The Sixth U.S. Circuit Court of Appeals recently addressed a case involving pay deductions. While the court rejected some of the employees’ arguments, it ultimately agreed with the district court that the employer violated the Fair Labor Standards Act (FLSA) by making certain deductions [...]

Take a Vacation from Smartphones and Overtime Laws

June 12, 2009 at 4:12 pm by: HR Insight

by Sarah McAdams
Do you keep your personal Blackberry or iPhone on your bedside table, yanking yourself from deep sleep every time a new message dings in? You’re not alone, sad addict. I, for instance, am typing this on a Saturday at a picnic table in my backyard.
For years, employers have most frequently issued mobile devices [...]

Comp Time in the Private Sector

May 29, 2009 at 10:39 am by: West Virginia Employment Law Letter

On February 10, 2009, Congresswoman Cathy McMorris Rodgers (R-Washington) again introduced the Family Friendly Workplace Act, which, if passed, would amend the Fair Labor Standards Act (FLSA) and authorize private employers to provide compensatory (or “comp”) time off in lieu of overtime pay.
For almost 20 years, the public sector has been using comp time, and [...]

Recent Opinion Letters from the DOL’s Wage and Hour Division

May 15, 2009 at 1:55 pm by: Alabama Employment Law Letter

Alexander Passantino’s advice to the lovelorn may not be the makings of the next Sex and the City show, but his pen holds serious sway with hipsters of the payroll specialist in crowd. Alex is the acting administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). As the grand oracle of [...]

Furloughs and Reduced-Hour Schedules As Alternatives to Layoffs

April 10, 2009 at 2:37 pm by: Nevada Employment Law Letter

Layoffs have many downsides. Employee morale is guaranteed to drop. A company’s unemployment insurance premiums will rise, perhaps steeply. And if an employer provides severance packages and/or outplacement services, they could get very expensive. If layoffs are significant in number, a business may not be able to adequately compete once the economy turns around. And [...]

DOL Issues Opinion Letter on Wage and Hour Issues for Mandatory Unpaid Time Off

April 3, 2009 at 2:02 pm by: Florida Employment Law Letter

In today’s economic climate, companies are continually looking for ways to cut costs without cutting jobs and resorting to layoffs. One option many companies are considering is mandatory unpaid time off, sometimes referred to as an employee furlough. By requiring mandatory unpaid time off, companies can reduce payroll expenses by [...]

Beware Misclassifying Workers as Exempt Administrative Employees

February 27, 2009 at 8:58 am by: Indiana Employment Law Letter

As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative [...]

Cutting Corners When Cutting Employee’s Hours Can Cost Employers

February 6, 2009 at 10:18 am by: Texas Employment Law Letter

As surely as the word “layoffs” have become part of nervous break room conversations in companies across the country, enterprising employers have sought out creative alternatives to the standard layoff regime of cost-cutting. Using tactics such as hiring freezes, offers of unpaid leave, shortened workweeks, and even pay cuts, employers [...]

Obama Will Bring Change for Employers

January 23, 2009 at 12:58 pm by: New York Employment Law Letter

Now that President Barack Obama has been sworn into office many expect to see more new workplace regulations in the upcoming months than at any time in the last two decades. This article discusses of some of the proposed legislation that could affect employers in the areas of civil rights (the [...]