Tag: FLSA

Challenge: Prevent Off-the-Clock Work and Time Thievery

HR’s challenge: making sure employees are not working off the clock (working too much) while at the same time, making sure that they work when they are getting paid (working too little). And to make it a little tougher, there’s a new sheriff in town, says attorney Bryan D. LeMoine. And here’s her message: “I […]

Tough Conversations: ‘I can’t live on what you’re paying me’

In yesterday’s Advisor, we covered the basics of dealing with tough compensation questions. Today, more tough questions, and an introduction to a unique 10-minute training system. Today’s tips are again from a recent BLR webinar featuring Teresa Murphy and David Wudyka. Murphy is the principal consultant for HR Partner Advantage, an HR advisory firm based […]

Where’s My Raise?—How to Handle Tough Pay Conversations

We’ve gone through two tough years for compensation, and 2011 isn’t shaping up to be much better. And that means another year of tough questions from employees. Teresa Murphy and David Wudyka have some ideas about how to make those conversations go a little better. Murphy is the principal consultant for HR Partner Advantage, an […]

Individual Liability for Wage and Hour Claims

by Kara E. Shea I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability […]

Trying to Go Paperless? Guidelines for Electronic Personnel Documents

by Joseph C. Pettygrove Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and […]

Snowball Effect of Wage and Hour Class Action Lawsuits

The Fair Labor Standards Act (FLSA), the federal law that governs wages and overtime pay, has been the topic of numerous articles in state Employment Law Letters.  We’ve reported on the rise of wage and hour lawsuits filed state courts and we highlighted what federal courts consider “acceptable terms” for an FLSA settlement agreement What […]

Employers Facing Increased Scrutiny over Worker Classification

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.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]

Wage and Hour Simple? I Don’t Think So

Many of the uninitiated do think compensation’s simple, but those same people keep paying out on million-dollar suits. In yesterday’s Advisor, we featured three million-dollar wage and hour lawsuits. Today, two more suits and an introduction to a unique source of compensation solutions that might just help you avoid a million-dollar suit. Oriental Forest Will […]

A Wage/Hour Story Told in Million-Dollar Lawsuits

Wage and hour cases often seem piddling—what are a few hours of overtime here and there? But add in other class members (hundreds, thousands?), years (2 or 3?), and damages, and there’s quite a tidy sum you might owe. Here are several recent cases, each with something to teach about managing wage and hour difficulties. […]

Employees Must Be Paid for Donning, Doffing Required Protective Gear

Continuing the recently established practice of issuing broadly applicable “Administrator Interpretations” in lieu of wage and hour opinion letters, U.S. Department of Labor (DOL) Deputy Administrator Nancy Leppink has released the second Administrator Interpretation of 2010. The interpretation, issued June 16, clarifies the definition of “clothes” under the Fair Labor Standards Act (FLSA), addressing some […]