Tag: FLSA

Equalizing Pay for Long Shifts and Short Shifts

Let’s say you have some employees who work long, 12-hour shifts and others who work traditional eight-hour shifts. The 12-hour employees work four shifts one week (48 hours), then three shifts the second week (36 hours) and another three shifts the third week (36 hours). This 4-3-3 schedule would be repeated every three weeks, resulting […]

DOL Cleanup Regs Enact Technical Changes While Rejecting More Substantive Concerns

On April 5, the U.S. Department of Labor (DOL) issued a set of final “cleanup” regulations, bringing the existing Fair Labor Standards Act (FLSA) regulations up to date with the technical changes and statutory enactments that have passed over the past few years. For example, the regulations, which took effect today, update figures and computations […]

Summer Jobs for Kids—Many Restrictions on Duties and Hours

In yesterday’s Advisor, we covered permitted work for youths under 16. Today, prohibited work, and some great news—your job descriptions are updated and ready to go. Minors Aged 14 and 15: Prohibited Work Minors 14 and 15 years old may not work in the following occupations. Again, this is not an exhaustive list. Most jobs […]

Summer Hiring? Watch for Tricky Child Labor Laws

A recent DOL decision assessed penalties of over $277 thousand against movie theaters for employing youths in dangerous jobs and for working them illegally long hours. Have summer hiring plans? Better review youth hiring rules. Many companies enjoy adding young workers to their staffs during the summer months, and it’s a win-win as long as […]

Supreme Court Rules Oral FLSA Complaints Are OK

Today, in a 6-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) antiretaliation provision protects not just written complaints but also oral ones. The Court noted in its opinion that it heard the case because of a conflict in the circuit courts over whether oral complaints were protected. In Kasten […]

Who Is Exempt under the FLSA?

by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]

DOL Provides Crucial New Information on Lawyer Referral Program

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]

Do You Comply with the FLSA? Most Employers Don’t

Statistics from the U.S. Department of Labor estimate that almost 70% of employers aren’t in compliance with the Fair Labor Standards Act (FLSA)—a percentage that almost certainly increases when similar violations under state law are taken into account. The federal Department of Labor is tackling this problem in a big way, dedicating a staggering $25 […]

Class Actions—Go on Offense to Avoid Them

In yesterday’s Advisor, we profiled Seyfarth Shaw’s eight trends that make class actions a real danger for every HR department. Today, key issues and an introduction to a unique training system that will help you avoid class actions altogether. Seyfarth Shaw LLP’s Annual Workplace Class Action Litigation Report suggests HR managers take note of the […]

Class Actions Threaten "Enormous’ Financial Risk: Seyfarth Shaw

For the coming year, the financial risks of class action litigation are “enormous,” says attorney J. Stephen Poor, and more often than not, class actions adversely affect your market share and impact your reputation in the marketplace as well. Poor, who is the Managing Partner of law firm Seyfarth Shaw LLP, made his remarks in […]