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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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The U.S. Department of Transportation regulates interstate truckers’ hours under the Motor Carrier Act, not the Fair Labor Standards Act (FLSA). And loaders, who usually work in just one state, also fall outside the FLSA if the work involves the safe transport of cargo they load in interstate commerce. Recent case: Arnold Garza and several [...]
New Jersey is one of two states in the country where motorists may not pump their own gas. Now the DOL has launched an investigation into whether those full-service pump jockeys are receiving their full pay.
Government entities that employ fire­fighters face thorny Fair Labor Standards Act (FLSA) problems. The law requires overtime pay for fire­fighters who work more than 204 hours in a 27-day period. But that can get complicated when a local agency assigns its firefighters to battle wildfires for the state.
A worker who was fired after admitting to his employer that he filed Form SS-8 with the IRS to determine his status as an independent contractor or employee can continue his lawsuit for unpaid overtime, a federal trial court has ruled.
A new customer demands delivery on a weekend. A crush of work means shifts will have to keep running at unusual hours. Either way, you're staring down the possibility that you'll have to pay overtime. Can you legally avoid OT by altering workers' regular schedules so no one works more than 40 hours in a workweek?

Many employees spend time at home before or after their workday checking email. For nonexempt employees, that work could count as paid time if it amounts to a “substantial” amount of time. But now some hourly employees have begun to raise a related issue: If they start the day with a few work emails, shouldn’t they be paid for the time they spend commuting to work?

Mexican food is great, but is it art? A cook sued his former em­­ployer, a Mexican restaurant, for un­­paid overtime. The owners put forth a creative defense: that the cook was exempt from the FLSA overtime requirements because he was a “creative professional.”
The immigration status of employees is irrelevant when it comes to their ability to file and win Fair Labor Standards Act lawsuits, as a new case shows.
Last month, U.S. employees gained a powerful new tool to prove their wage-and-hour cases: the new “Timesheet” app for smartphones from the DOL’s Wage and Hour Divi­sion. Impact: This is more incentive for employers to accurately track employees’ actual hours worked—not just hours written on a time sheet.
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