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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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.”
Mira Loma-based Schneider Logis­­tics has agreed to settle charges it cheated a group of warehouse workers out of $4.7 million in wages. The company, which handles logistics for Walmart, agreed to the settlement without admitting any wrongdoing.
Q. What can we do if our employees worked overtime despite our instruction that they shouldn’t?
San Diego-based Fashion Graphics has agreed to pay back wages and penalties while voluntarily stopping all shipments until the $171,000 is paid to its current and former employees. The screen printer supplies such retail chains as Macy’s, Walmart, Kohl’s and Hot Topic.
Salaried retail managers often have to step in and perform nonmanagement tasks. The fact that they do some of the same things that hourly employees do doesn’t mean they aren’t exempt under the FLSA—as long as they are also managing at the same time.
With strong policies, employees (and their lawyers) will find it much harder to mount class-action wage-and-hour lawsuits. That’s because employees have to show that a common policy or practice was responsible for wage-and-hour violations.
Two Nassau County sushi restaurants will pay $261,887 in back wages and liquidated damages to 70 workers following an investigation by the U.S. Department of Labor’s Wage and Hour Division.
Make sure you understand exactly when and how employees receive their pay. Reason: You could be personally liable for violating the Penn­­syl­­vania Wage Payment and Col­­lec­­tion Law (WPCL).

President Obama has ordered the Department of Labor to update the FLSA provisions that determine which salaried employees are eligible for overtime pay and which are not. And more changes are likely on the way.

President Obama on March 13 ordered the U.S. Department of Labor to propose rules to “update and modernize America’s overtime pay system, so that millions of our nation’s salaried workers will have the protections of overtime pay.” The process, which will take months, could make overtime pay available to more management employees who are now considered exempt under the FLSA.

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