Practical HR Tips, News & Advice. Updated Daily.
If a company opens two hours late because of a snowstorm, should an employer pay employees who show up earlier because they didn’t hear the announcement? What time does the workday end when employees are given the option to go home because an incident such as a gas leak forces evacuation of the building? What […]
In a blow to a U.S. Department of Labor position, a divided Supreme Court ruled today that pharmaceutical sales representatives qualify for the “outside sales” exemption of the Fair Labor Standards Act. In an opinion delivered by Justice Samuel Alito, the Court found that under the most reasonable interpretation of DOL regulations, PSRs qualified as […]
By Nancy Williams Pharmaceutical representatives who persuade physicians to prescribe specific drugs don’t make any actual sales. They can’t because the products they promote can be sold legally only through a doctor’s prescription to an individual patient. Yet for years, it has been a common industry practice to categorize such employees as outside sales representatives […]
The arrival of summer is also a harbinger of weather-related emergencies for many communities. For example, the Atlantic hurricane season kicks off at the beginning of June and barrels toward a peak in late summer and early fall. But with such storms comes the potential for unplanned overtime for police officers, firefighters, ambulance drivers, emergency […]
DOL commonly finds recordkeeping violations when it investigates an employer’s wage and hour practices. The most frequent violations of the FLSA’s recordkeeping rules fall into two categories: (1) creating and maintaining the proper records; and (2) preserving those records. Creating and Maintaining the Proper Records The FLSA does not require that records be kept in […]
Summer’s here, and coincidentally, it’s a hot time for legal and regulatory developments affecting human resources and benefits professionals! Many companies trying to make ends meet also should expect new laws and regulations in these five areas. The perils of not heeding leave and disability law. Employers struggle with determining what a “reasonable accommodation” is under […]
It’s time to review those job descriptions again! And as always, the focus is on the essential functions decision. We’ve collected five myths of essential functions to help you with this updating task. So before you start, take a look at our five myths—and then, dive in. The Five Myths of Essential Functions We’ve identified […]
Dorf, who is managing director of Compensation Resources, Inc. in Upper Saddle River, NJ., recommends following the SMART approach in developing goals: Specificity Measurement Attainability Results-oriented Timing Remember, says Dorf, sometimes the pay-for-performance goal is a milestone, not the full completion of a project. For example, he says, he worked with a client that was […]
When it comes to meeting your Fair Labor Standards Act (FLSA) and overtime obligations, how confident are you that you’re calculating overtime correctly? In a BLR webinar titled “Calculating Overtime: HR’s How-To Guide for FLSA Compliance,” Kara E. Shea outlined some tips on how to understand the correct overtime calculations and meet your FLSA and […]
Employees can qualify for multiple exemptions under the Fair Labor Standards Act, so employers should remember that if they document an employee’s specific exemption, they should note any and all applicable exemptions, so that they are able to argue multiple exemptions in any FLSA litigation. This principle is illustrated in Schaefer La-Rose v. Eli Lilly […]