Tag: FLSA

Wal-Mart Faces Class of 1.5 Million; Your Suit Won’t Be That Big

Wal-Mart is poised to defend against a wage-related suit that could have as many as 1.5 million class members. Your suit won’t be as big, but do you think it’s a good reminder to review your exempt/nonexempt classifications? Here, from BLR’s experts, are explanations of many of the trickiest classification questions: Executive Secretary An executive […]

Next Million-Dollar Wage and Hour Lawsuit—Yours?

Just about every day, it seems DOL wins or settles another expensive lawsuit based on the "simple" laws of wage and hour. Today’s Advisor features beyond-the-basics questions that are often asked of the BLR® experts. Q. Can we give an extra week of vacation to cover any overtime? A. Providing vacation rather than overtime is […]

Donning and Doffing Uniforms at Home May Not Be Compensable

by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]

Summer Hiring Season—Child Labor Myths Busted

In yesterday’s Advisor, we busted 11 myths about wage and hour. Today, we tackle myths about child labor—particularly appropriate with summer hiring season approaching—and we take a look at a unique FLSA audit guide. [Go here for Myths 1-11.] Myth #12—There is no restriction on hours of work for workers age 14 and over. Busted. […]

Wage and Hour Mythbusters

Wage and hour should be the easiest job in HR, but there are a surprising number of misconceptions, and there is a surprising amount of misinformation being disseminated by savvy-sounding "experts" wandering the Internet chat sites. Cruise HR on the Internet, and you’ll be stunned. Mixed in with accurate answers are other answers—all delivered with […]

Legislation Seeks to Curb Employee Misclassification via Fines, Notice Rules

Adding momentum to federal agencies’ ongoing initiatives to crack down on employee misclassification, the U.S. House and Senate have introduced legislation intended to curtail the misclassification of employees as independent contractors. The Employee Misclassification Prevention Act, introduced April 22, would amend the Fair Labor Standards Act (FLSA) to impose additional compliance and record-keeping requirements on […]

FLSA Recordkeeping, FMLA Rule Revisions Planned for Later This Year

This morning the Department of Labor (DOL) hosted its final two agency agenda web chat sessions, beginning with an hour-long segment hosted by the Wage and Hour Division (WHD). Deputy Administrator Nancy Leppink fielded questions and provided insight toward the Division’s current regulatory initiatives. The agenda priorities for the Division in the Spring agenda include […]

Wage War: DOL Launches Aggressive “We Can Help” Enforcement Outreach

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has fired a loud warning shot to employers in its ongoing effort to increase federal Fair Labor Standards Act (FLSA) enforcement. In a news release late last year, U.S. Secretary of Labor Hilda Solis first unveiled plans for a proposed program to work with […]

Wage and Hour—No Good Deed Goes Unpunished

In yesterday’s Advisor, we featured lawsuit avoidance tips from Attorney William J. Anthony. Today, we’ll cover more of his wage and hour tips, and we’ll take a look at a unique one-stop solution for meeting HR challenges. Anthony made his remarks at a recent seminar sponsored by national law firm Jackson Lewis LLP, where he […]

70% Not in FLSA Compliance? ‘A Gross Understatement’

The feds estimate that 70 percent of employers are not in compliance with the Fair Labor Standards Act (FLSA). "That’s a gross understatement," says Attorney William J. Anthony. He suspects that it’s more like 95 percent that are not in compliance with either federal or state laws on wage and hour matters. "There are a […]