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Update Your Job Descriptions for New Fair Labor Standards Act (FLSA) Overtime Rules

Executive Summary New Fair Labor Standards Act (FLSA) overtime rules raise the salary threshold for exemption almost threefold, to $455 per week FLSA rules say job title is insufficient to establish exemption Detailed, accurate job descriptions are required to support overtime pay exemption under FLSA guidelines, says Department of Labor (DOL) The U.S. Department of […]

Retirement Benefits: Many More Employers Offering 401(k) Plans Exclusively

According to an analysis by benefits consulting firm Watson Wyatt, the number of large employers that offer only defined contribution/401(k) plans—and not traditional pension plans—is way up. In 2005, 36 percent of Fortune 100 companies offered 401(k) plans only (not in combination with a traditional pension plan), up from 25 percent in 2004 and 17 […]

Drug and Alchohol: Can We Implement a Random Drug Testing Policy?

We think that drug use in our company might be growing, and management wants to institute a broad, random testing policy with a zero-tolerance standard. I believe that random testing might be a privacy violation in California. Is it advisable to have a random testing policy, and if not, what do you recommend for curbing […]

You’re the Expert: Do you think exit interviews are helpful?

Do you think exit interviews are helpful? We just had a case in which an ex-employee, during the exit interview, accused a manager of discrimination. The manager blew it off, saying, “Oh, she’s just a disgruntled employee who’s letting off steam on her way out,” and nothing came of it. I don’t know whether it’s […]

Employment Law Tip: Preparing for a Wage-Hour Investigation

Wage and hour investigations are often the result of a complaint filed by an employee or former employee. But sometimes the U.S. Department of Labor, or a state agency, targets specific industries for audits. During an investigation, the DOL will visit the business and gather data on wages, hours, and other employment conditions or practices. […]

Target Corp. Hit with Child Labor Violation Fines

Target Corporation has paid the U.S. Department of Labor $92,400 in penalties to resolve charges that the retailer exposed young workers to hazardous machinery, in violation of federal child labor standards. The violations occurred at several New York stores and one in New Jersey. In connection with the resolution, Target also provided the DOL with […]

New FMLA Rules Coming Soon

The U.S. Department of Labor, which enforces the Family and Medical Leave Act (FMLA), has announced that it will soon publish—by June 2006—a new rule conforming the department’s regulations to recent court decisions concerning the FMLA.