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 business-oriented social media site LinkedIn has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in damages to 359 former and current employees.
Hospitality giant Carlson Restaurants faces a class-action suit alleging numerous Fair Labor Standards Act violations at the TGI Fridays casual dining chain.
Q. Last week, one of our hourly employees was out sick on Monday, but she worked a total of 40 hours from Tuesday through Friday. She would like to use her sick leave from Monday and claim overtime for those Monday sick-day hours. Must I pay her overtime for her Monday hours?
McDonald’s workers in three states have filed class-action suits alleging the company super-sized its profits at the employees’ expense.
Some employers end up overpaying for time worked when, for example, employees continue to draw a paycheck while home on some sort of leave. But if you happen to face an FLSA lawsuit over unpaid overtime, don’t expect the court to let you credit those overpayments when it’s time to compensate unpaid overtime hours.
Sen. Tom Harkin (D-Iowa), chairman of the Senate Committee on Health, Education, Labor and Pensions, has introduced legislation that would make more exempt workers eligible for overtime pay.

Good news for employers: The Supreme Court today said President Obama overstepped his executive powers when he used “recess appointments” to name three members to the National Labor Relations Board (NLRB). As a result, the NLRB will likely have to rehear more than 100 cases from 2012. This could create a procedural logjam at the NLRB, an agency that has been aggressively pursuing expansion of employee rights on the job.

Most employers think that if they just tell employees not to work more hours than their regular schedules call for, that’s the end of it. They put together a policy prohibiting off-the-clock work and figure, “Hey, problem solved.” But that may not be the case.

Very small employers that aren’t engaged in interstate commerce sometimes try to argue that they don’t need to follow the FLSA because they are simply too local. But they often run into legal hurdles when employees sue, as this recent case shows.

According to Littler Mendelson employment lawyer Ilyse Schuman, word on the street in Washington is that the Labor Department will release a plan to overhaul the Fair Labor Standards Act’s overtime exemptions sometime “before November.”
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