Archive for the 'Overtime' Category

Employers Facing Increased Scrutiny over Worker Classification

July 15, 2010 at 9:00 pm by: Pennsylvania Employment Law Letter

by Robert C. Nagle
Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.”

Adopt a Formal Flextime Policy

March 18, 2010 at 9:00 pm by: New Mexico Employment Law Letter

Employment law attorney Robert P. Tinnin, Jr., answers an HR practitioner’s question about improving a flextime program that has become unmanageable.

Salesperson Not Subject to Administrative Exemption from Overtime Pay

March 11, 2010 at 9:00 pm by: Connecticut Employment Law Letter

by Jonathan C. Sterling
Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies to [...]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

January 15, 2010 at 11:26 am by: Wyoming Employment Law Letter

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the [...]

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.

Telecommuting: Tips for Managing Employees Who Work From Home

September 18, 2009 at 10:12 am by: New York Employment Law Letter

by Brian Molinari
The ripple effect of stunning job losses since the recession that began in December 2007 have become commonplace across the United States. And it continues: the global pharmaceutical giant Eli Lilly has just announced plans to cut 13.6% of its workforce, roughly 5,500 workers. During the 20 months from December 2007 through July [...]

Lax Record-Keeping Costs Employer $179K

August 7, 2009 at 1:17 pm by: Florida Employment Law Letter

The Fair Labor Standards Act (FLSA) sets the minimum wage and overtime pay requirements for employers. Within the FLSA, there are record-keeping requirements, including a list of 15 types of information employers must keep for up to three years. Compliance is not only required by law, but it can also be very helpful in the [...]

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 [...]

DOL’s Renewed Focus: Wage and Hour Enforcement

July 10, 2009 at 2:58 pm by: Vermont Employment Law Letter

The Government Accountability Office (GAO) recently released a report and congressional testimony concerning its investigation of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). The GAO concluded that the “WHD frequently responded inadequately to complaints, leaving low wage workers vulnerable to wage theft.” This article summarizes the GAO’s report, DOL Secretary Hilda [...]

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 [...]