by Kara E. Shea
Many employers provide bonuses to employees this time of year, including everything from holiday turkeys to annual longevity pay. However, employers that play Santa must be mindful that under the federal Fair Labor Standards Act (FLSA), some bonuses may require additional overtime pay to nonexempt employees.
Payments that affect [...]
Archive for the 'FLSA' Category
by Kara E. Shea
What would your company do if it was faced with a crisis? It’s a question that’s getting harder and harder for businesses to ignore, especially in the face of crises such as Superstorm Sandy.
Employees aren’t just ‘human resources,’ they’re human beings
When many companies look at disaster planning, they focus on how to prevent crises [...]
It’s almost an understatement to call misclassification of employees as independent contractors a hot topic. It’s certainly the subject of a growing list of court cases, government agency investigations, and legislative initiatives.
Various agencies at both the state and federal level have been in crackdown mode for a few years now, and it’s no wonder: Misclassification [...]
Employees go on vacation, but business doesn’t stop. So sometimes workers are asked to put in time when they’re expecting to be kicking back at the beach.
Working from home is a popular arrangement, but what are the workers’ compensation implications when an employee is injured in a home office?
As back to school time looms, employers may be assessing their experiences with summer workers — those brought in for seasonal work as well as college interns learning the ropes in their chosen profession. Now is a good time to examine which employer practices are sound and which ones may be iffy.
Employers need to keep [...]
by Craig L. Olivo
Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week?
The story of a Chicago woman fired from her job after she was caught working on her lunch break made national news earlier this year. It struck a chord with the general public because people were questioning why an employer would fire an employee for seemingly going the extra mile. If an employee is punished [...]
by Kara E. Shea
Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses.
The U.S. Department of Labor’s (DOL) Wage and Hour Division’s (WHD) recent enforcement efforts represent a flawed approach that assumes incorrectly that employers are deliberately violating the law, according to David Fortney, cofounder of Fortney & Scott, LLC, in Washington, D.C., who testified before a U. S. House of Representatives subcommittee November 3.
Fortney, editor of [...]
by Boyd A. Byers
The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law.