Tag: FLSA

Comp/HR Managers: Stop Asking for a ‘Seat at the Table’

Segal, a partner with Duane Morris law firm in Philadelphia, offered his tips for dealing with the C-suite at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. 1. Stop Asking To Be At Table Asking only reinforces the perception of your subordinate role, Segal says. Instead, demonstrate why you should be at […]

3 Steps to Conducting an Audit on Non-Exempt Vs. Exempt Worker Classification

Do you know the law when it comes to non-exempt vs. exempt workers? The Fair Labor Standards Act (FLSA) requires employers to pay employees overtimeif they work over 40 hours. However, the FLSA also contains exemptions. Employers may not have to pay overtime to certain personnel groups, including administrative, executive, professional, computer, outside sales, and […]

How to Implement a Workplace Breastfeeding Policy

The letter of the law may only require employers to extend breaks and access to a lactation room to eligible employees on an as needed basis, but many companies are taking a proactive approach and looking to implement policies that will boost employee retention. According to Eileen Shue, vice president of corporate resources for the […]

No Matter How You Pay Them, Tips Belong to Employees

Even non-exempt employees can cause confusion and employer liability under the FLSA. Often, employers run into trouble when attempting to classify their employees for purposes of pay exemptions. But equally tricky is how to pay non-exempt employees who have non-traditional forms of payment, such as tipped employees. The recent slew of major FLSA wage and […]

IRS Voluntary Classification Settlement Program: Proceed With Caution

In a recent move to encourage employers to correct past misclassification of workers, the IRS has established a voluntary compliance program, called the Voluntary Classification Settlement Program, or VCSP. The program permits employers to voluntarily reclassify their workers as employees for future tax periods with minimal tax liability for past non-employee treatment. To participate, an […]

Know the Rules for On-call Workers

By Arthur Silbergeld, Esq. Anyone who works on a computer knows the sinking feeling that comes with hitting that nasty combination of keystrokes causing your machine to freeze. The fact that many companies now keep IT staff available around the clock just to help frantic employees get their misbehaving computers working, retrieve lost documents and […]

Fueling Disputes: Health Reform May Spur New Types of Employee Lawsuits

Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]

Employers Take Note: Commuting by Public Transit On the Rise

Employers should take note: more of their employees are coming to and going from the office via public transportation. That’s more than an interesting statistic — it has implications for employers. Employees who take public transportation to work may benefit from a tax break, but only if their employer sponsors a qualified transportation fringe benefit […]

Bonuses Always Included in Overtime, Except …

The FLSA provides for several narrow exemptions from the requirement that bonuses be included in an employee’s regular rate of pay. The onus is on the employer to prove that a payment meets one of the exemption requirements. The exemptions include: Gifts, or payments in the nature of gifts, made at Christmas time or on […]