‘Bag Check’ Settlements Have Lessons for California Employers
Several California employers have in recent weeks shelled out millions of dollars to settle claims that their employees should have been paid for time spent waiting for security checks.
Tag: FLSA
How Not to Handle an Equal Pay Claim: Sue the Complaining Employee
A recent judgment offers a lesson in responding to discrimination claims. According to the U.S. Equal Employment Opportunity Commission (EEOC), an employer has been ordered to pay $37,500 in damages for filing suit against an employee because she filed an equal pay charge.
Wage Violations: Massachusetts Employer Facing Lawsuit Can’t Hide Under the Table
by Marylou Fabbo, JD of Skoler, Abbott & Presser, P.C. Most employers take their obligation to properly pay their employees seriously. After all, under state and federal wage laws, an employer could be required to pay up to triple damages for wage violations. If you need additional urging to take a look at your wage […]
Overtime Regulations Q&A: Commission Instead of Minimum Salary for Manager?
Question: Can a company pay a restaurant manager commission only on sales (3%) instead of paying them the new salary rate based on the new DOL overtime regulations for December 1?
Employer’s Reliance on Team Leaders’ Suggestions Dooms FLSA Claim
By Bonnie M. Boryca The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime to nonexempt employees. Most employers are familiar with the Act’s exemptions for executive, administrative, professional, computer, and outside sales employees. The particulars of the exemptions are set forth in U.S. Department of Labor (DOL) regulations, and deciding […]
Does Withholding Final Wages Create FLSA Claim?
By Raanon Gal, Taylor English Duma LLP The U.S. 11th Circuit Court of Appeals— which covers Alabama, Florida, and Georgia—recently ruled whether an hourly computer employee whose employer withheld his final 3 weeks had a minimum wage claim under the Fair Labor Standards Act (FLSA).
Straight Talk About Managing the Impact of New Standards for Paying Overtime
By David W. Jones, CCP, principal and director, Matthews Young — Management Consulting Students of American history know that this change in the minimum pay threshold for exemption from overtime pay revisits the complexities of the hourly versus exempt relationship established by the Fair Labor Standards Acts (FLSA) in 1938.
Q&A: FLSA Overtime Exemption Regs Create Pay Compression
Question: We are currently evaluating a number of exempt positions with our company in respect to forthcoming FLSA overtime exemption changes. Their salaries range below the new salary threshold and above (all depends on tenure and experience). We are looking at bumping everyone to the minimum amount. How are most companies handling the individuals who […]
Counting FMLA Leave is Different When an Employee Works Overtime
By Dennis J. Merley Calculating and counting an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave is usually a pretty clear-cut matter. However, the math can get complicated when the employee regularly works overtime and has to miss some of the extra shifts because of intermittent FMLA leave.
Recordkeeping for the Newly Nonexempt Effective December 1, 2016
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. Under the federal Department of Labor’s (DOL) final overtime regulations, employees who currently earn more than $455 per week ($23,660 annually), but less than $913 per week ($47,476 annually), need to be reclassified as nonexempt by […]