Tag: wages

FLSA: Brand Advocates Are Not Exempt Employees

By Steve Jones, Jack Nelson Jones & Bryant, P.A The 8th Circuit recently held that an electronics manufacturer’s “brand advocates” were incorrectly classified as “exempt” employees under the Fair Labor Standards Act (FLSA). As a result, the employees will get a chance to convince a jury that they’re entitled to overtime under the FLSA.

Ask the Expert: Is our Graphic Designer Exempt or Non-exempt?

We have a graphic designer who currently we designate as non-exempt. I realize they can be an exempt position but we are trying to determine if the position is really exempt. His supervisor says that the employee comes up with ideas for advertising and develops them. My concern is that he does more routine, manual […]

FLSA: Illinois Window-Cleaning Company Sparkles in Overtime Exemption Ruling

By Steven L. Brenneman of Fox, Swibel, Levin & Carroll, LLP Are workers who wash the windows of Chicago’s high-rises paid by commission? Is their employer a retail or service establishment? A recent decision from the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—answered those questions in ways that might […]

How Do We Handle Missing Time Cards?

We are a staffing company with employees in almost every state. Employees are non-exempt and submit hours worked via timecard. But what happens when we don’t receive one from the employee? Are we required to pay the employee even if we do not have a time card?

California getting tough law on gender wage gap

Employers in California will have to comply with what’s being called the strongest equal pay law in the nation when it takes effect on January 1, 2016. Governor Edmund G. Brown, Jr., signed the California Fair Pay Act, Senate Bill 358, on October 6. A statement from the governor’s office says current law prohibits employers […]

Paycheck Pitfalls – What’s in Their Wallet?

A couple of years ago, a group of employees working for a McDonald’s franchise filed a class action lawsuit in Pennsylvania alleging their employer required them to accept wages in the form of payroll debit cards—with fees for use of the cards assessed by the debit card provider.

FLSA: When are Waiting Time and Travel Time Considered Work Time?

Many employers regularly wonder how to treat the time employees spend waiting before the start of their shift or traveling to the jobsite. In some cases, employees may be “engaged to wait” and should therefore be paid for their waiting time. Similarly, employees who are required to travel from jobsite to jobsite as part of […]