Tag: FLSA

FLSA’s Emergency Exemption May Apply to Some Boston Employees

Emergency situations — such as the April 15 explosions during the Boston Marathon — can result in employees performing multiple job duties. For example, a store manager may have spent time cleaning up glass and debris in and around the store. This type of work does not normally qualify as the manager’s duty; however, the […]

Tough Love: Your Employees Won’t Tell You, But I Will

Attorney Jonathan Segal, SHRM’s top-rated speaker, has been listening to what employees say about HR and compensation, and he’s distilled what he learned into 15 principles all managers should abide by. Segal, who is a partner with law firm Duane Morris LLP in Philadelphia, shared what he’s found in engagement surveys, discussions with CEOs and […]

8 Steps to Stop Bullying in Your Workplace

Yesterday’s Advisor featured attorney Allison West’s take on bullying in the workplace. Today, her guidance for dealing with the bully, plus an introduction to the all-compensation-in-one-place website, Compensation.BLR.com. West, who is principal at Employee Practices Specialists in Pacifica, CA, delivered her suggestions for dealing with bullying in the workplace at the SHRM Employment Law and […]

Yes, There Are No Laws Against Bullying, No, You Can’t Ignore It

While it’s true that there are no specific antibullying laws in the United States, that doesn’t mean that bullying can’t be the basis of a lawsuit, says attorney Allison West, SPHR. West, who is principal at Employee Practices Specialists in Pacifica, CA, delivered her suggestions for dealing with bullying in the workplace at the SHRM […]

FLSA Misclassification Woes: Independent Contractor or Employee?

Properly classifying someone as either an independent contractor or employee is one of the biggest problems employers have when adhering to FLSA requirements. Do you know when it is okay to classify someone as an independent contractor and when they should be classified as an employee instead? DOL Focus: Independent Contractor or Employee "One of […]

7th Circuit: Successor Must Pay $500K for Previous Owner’s FLSA Violations

A successor employer could not escape paying a $500,000 damages award for the previous owner’s Fair Labor Standards Act violations.  The case, Teed et al. v. Thomas & Betts Power Solutions LLC, Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013), involved a tricky analysis of whether the purchaser of a business could be held responsible […]

Can Employees Agree to Waive Overtime?

Yesterday’s Advisor reviewed how to calculate the “regular rate” of pay. Today, can you waive overtime rights, plus an introduction to BLR’s unique 10-minutes-at-a-time training system. Here are some little-known facts about overtime. Actually, it’s not so much that they are little known as oft ignored. Agreements to Waive Overtime Barred Employees may neither waive […]

OT=1.5 x $-per-hr, Right? Sorry.

Most managers think overtime calculation is simple—1½ times the hourly rate. That’s one of the most common wage and hour misconceptions—and violations. Overtime is 1½ times the “regular rate,” which is often not the same as the hourly rate. The regular rate must include the reasonable cost of meals, lodging, and other facilities provided to […]

12 States Trying to Beat Feds to the Gate on Higher Minimum Wages

As the federal minimum wage debate heats up, the real challenge for employers could be at the state level, if a dozen pending measures to increase state minimum wages gain traction. The proposals share DNA with federal measures being pushed by President Obama and congressional Democrats — to raise the minimum wages and in many […]

Reverse Robin Hood to Reward Top Performers

You have to lower incentive payments to poor performers to liberate funds to give bigger rewards to your top performers, says DiMisa. Rewarding performance is the first of his incentive design challenges for 2013. DiMisa, who is senior vice president, Sales Force Effectiveness at Sibson Consulting, outlined eight design challenges during a recent webinar sponsored […]