Overtime Labor Laws

Federal overtime laws, designed to help end the exempt vs. non-exempt debate, have made things worse. To non-exempt and exempt employees, labor laws continue to confuse.

Business Management Daily can help you comply with federal overtime laws. Learn when you have to pay overtime, and when you don’t.

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A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.
You’ve just received notice that the DOL has launched an investigation into wage-and-hour issues at your company. It’s time to whip into action: Employers get just 72 hours’ notice of an FLSA investigation. Then investigators will be knocking on your door. That’s not much time ...

The DOL generally takes a dim view of any attempt to negotiate away employees’ rights under the FLSA. For example, unions can’t say “no thanks” to the minimum wage or overtime pay during collective bargaining. However, there’s a difference between losing rights through the bargaining process and accepting a settlement that resolves conflicting wage claims.

According to the FLSA, even if you don’t know someone is working overtime, you can be sued if you underpay. The good news is you can crack down on unauthorized overtime by punishing an em­­ployee for failing to follow your clearly articulated no-unauthorized-overtime rule.
Employers subject to the Fair Labor Standards Act must keep rec­­ords for both nonexempt and exempt employees. The regulations don’t say which types of record-keeping or time­­keeping methods you should use, but they do specify the necessary data you need to maintain on all employees. Here's the guidance you need to stay in compliance.

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal?

You may be tempting fate—and a Fair Labor Standards Act class-action lawsuit—if you demand so much productivity from employees that they can’t reasonably get everything done within the time you allow. The problem: Employees may feel compelled to work off the clock.
The U.S. Department of Labor has ordered Barton G, the company that owns three renowned Miami fine-dining restaurants, to pay $28,000 to low-wage workers who did not receive minimum wage.
Under Title VII, religious institutions that employ workers to engage in religious activities are exempt from complying with anti-discrimination laws under the so-called ministerial exception. But what about minimum wage and overtime? Are ministerial employees entitled to protection under the FLSA?
Extended Health Care Private Duty Nursing, a Los Angeles-area home nursing agency, has agreed to pay $654,082 to settle a Fair Labor Standards Act complaint that followed a federal probe into its pay practices.
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