DOL Extends FLSA Protection to Home Care Aides

By | October 2nd, 2013 | General » Leave a comment

An estimated 2 million Americans will start seeing bigger paychecks in 2015. Under the Fair Labor Standard Act, employers are required to pay employees minimum wage for hours worked up to 40 hours/week and time and half (overtime) for every hour worked over 40 hours/week. Two exemptions to this rule applicable to domestic services employment […]

Pitfalls of Unpaid Internships: Why Employers Should Pay Interns.

By | April 26th, 2013 | General » Leave a comment

The history of internships began centuries ago when medical students were required to observe doctors at work in order to gain practical knowledge. Over the last few decades, internships have been used in almost all industries. Most often, interns are college students and are hired during the summer months. In the United States, only about […]

Overtime Pay to Employee/Independent Contractor

By | January 21st, 2013 | General » Leave a comment

Classifying an individual as an employee or an independent contractor is important has a number of significant implications – it can impact the employer’s obligation to withhold and pay taxes, the individual’s eligibility for benefits, and whether the individual is entitled to the protections of the Fair Labor Standard Act with respect to payment of […]

Employee’s Failure to Record Time Worked at Home Dooms Unpaid Overtime Claim

By | January 2nd, 2013 | General » Leave a comment

It is the employer’s obligation to keep accurate time records for employees. Most employers’ timekeeping systems, however, rely to some degree on the employees to properly record their time — whether by clocking/logging in and out, or submitting a paper timesheet. What happens, then, when an employee fails to report all of his or her […]

Requiring Exempt Employees to Use Available Leave for Partial-Day Absences is Okay

By | August 7th, 2012 | General » Leave a comment

The antiquated Fair Labor Standards Act (FLSA) has lots of potential pitfalls for employers. Perhaps that is why the estimated number of employers in violation of the act (70%) is so high. One potential pitfall is making improper deductions from an exempt employee (a person with a job that allows them to be exempt from […]

Pharmaceutical Reps not Entitled to Overtime

By | July 3rd, 2012 | General » Leave a comment

The Fair Labor Standards Act (FLSA) requires that employees be paid overtime wages for all hours worked in excess of 40, unless the employee fits into one of the FLSA’s narrow exceptions for certain white collar workers. For years, the pharmaceutical industry relied on the “outside sales exemption” to the FLSA to avoid overtime for […]

An Employee’s Primary Duty is Key to Whether an Employee is Exempt from Overtime

By | January 5th, 2012 | General » Leave a comment

As proof that wage and hour litigation is alive and kicking, even in the conservative MidWest, the Tenth Circuit in Maestas v. Day & Zimmerman, LLC, recently sent such a case back to the district court for trial. In the Maestas case, employees of a private security firm sued their employer, claiming that the employer […]

Employees Should be Paid for Putting on and Taking off Protective Gear

By | June 22nd, 2010 | General » Leave a comment

In its second ever “administrative interpretation”, the Department of Labor once again overturns previous opinions issued during the Bush Administration. Under Section 203(o) of the Fair Labor Standards Act, time spent “changing clothes” is not counted as compensable time if it is excluded from a Collective Bargaining Agreement. Until 2002, the Department of Labor considered […]

Health Care Reform Act Requires Employers to Provide Break Periods to Breast Feed

By | April 6th, 2010 | General » Leave a comment

Among the many provisions of the Patient Protection and Affordable Care Act (Health Care Reform) that affect employers, one has not gotten much notice. The Act amends the Fair Labor Standard Act (federal wage and hour law), to require covered employers to provide “reasonable” breaks to nursing mothers to express milk for infants under a […]

DOL Determines that Mortgage Loan Officers are Not Exempt from Overtime

By | April 6th, 2010 | General » Leave a comment

As perhaps a sign of the increasing authority being asserted by the Department of Labor under the Obama Administration, the Department withdrew two previous Opinion Letters and issued an Administrator’s Interpretation, concluding that a typical mortgage loan officer is not exempt from the overtime and minimum wage provisions of the Fair Labor Standards Act (FLSA). […]

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