Tag: FLSA

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 […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

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 […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

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 […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

DOL, EEOC, and Your Employees’ Attorneys Are Reading This Report

A recently released report concludes that a stunning percentage of workers in this country are underpaid and otherwise mistreated at work. The surprisingly widespread incidence of violations suggests that they are probably happening to some extent in your workplace. It’s likely that these figures will spur government agencies (and plaintiffs’ attorneys) to an even higher […]

Beware Deductions for Lost or Stolen Property from Exempt Employees’ Pay

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. HR Guide to Employment Law: A Practical Compliance Reference Understanding the Fair Labor Standards Act – FLSA Many employers issue laptops or smartphones to their […]

Feds Are Knocking—Are You Ready?

By Patricia M. Trainor, J.D.BLR Legal Editor In yesterday’s Advisor, attorney Marc L. Jacuzzi pointed to the surge in wage and hour lawsuits and gave tips for preventive audits. Today, we’ll finish his tips and take a look at a unique HR audit system. Jacuzzi, a partner in the law firm of Simpson, Garrity, Innes, […]

FLSA Audit: 9 Compliance Tips and a Checklist

Why is now the time to conduct a wage and hour audit at your company? Because now is the time that you are going to get sued, warns attorney Marc L. Jacuzzi. Jacuzzi attributes the significant increase in Fair Labor Standards Act (FLSA) claims to the fact that so many people are out of work, […]