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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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An increasing number of those managers are filing FLSA lawsuits, claiming they should be classified as nonexempt, hourly employees—and, thus, due overtime—because they spend most of their time doing the same tasks as their subordinates. But that’s not the test.
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, Presi­­dent Obama is asking the U.S. Depart­­ment of Labor to change FLSA regulations covering home health care workers.
Every year, hundreds of retail and restaurant managers sue, claiming they should be classified as nonexempt because they spend almost all their time doing the same kinds of tasks their subordinates do. But that’s not the test. In fact, managers often do double duty, performing manual tasks while also managing their workers.
Q. What are the new developments regarding overtime exemption for commissioned sales employees?
Managers may think it’s safe to underpay employees by having them work off the clock or shaving time off their overtime tab because no one has complained. But it takes just one short-term employee to get the lawsuit ball rolling. Before you know it, you will be facing an FLSA and New Jersey Wage and Hour Law class-action suit.
A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.
A federal judge has sided with the U.S. Department of Labor in an employee misclassification lawsuit against Fairfield-based Cascom, which lays fiber-optic lines for Time Warner Cable in the Dayton area.
The California Labor Commissioner is suing ZipRealty Inc., claiming the company owes unpaid wages to hundreds of real estate agents. The lawsuit is seeking minimum wages in excess of $7.5 million, overtime compensation in the amount of $1.25 million—plus damages and ­penalties of over $9 million.
When claims involve unpaid overtime or misclassification, attorneys representing employees naturally want to handle the case as a class or collective action. Some employers think that if they include an arbitration agreement in their terms and conditions of em­­ploy­­ment, a wage-and-hour claim has to go to arbi­­tra­­tion as an individual claim. That’s not necessarily true.
Q. May an employer compensate an employee for overtime work by awarding additional paid vacation time equal to the total accrued overtime?
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