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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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A former assistant manager at a Walmart store in Overbrook, Pa., is suing the retailer, claiming it repeatedly violated the FLSA by classifying assistant managers as exempt employees—and he wants to raise the stakes by turning the case into a class action lawsuit.
Chuy’s Panaderia Bakery, which oper­­ates two locations in Austin, has agreed to settle charges of failing to pay the federal minimum wage to 101 employees.
Bethlehem-based KGB-USA has agreed to pay $1.3 million to settle charges it violated the Fair Labor Standards Act when it misclassified 14,568 home workers as independent contractors.
Raleigh’s Brasa Brazilian Steak-house will pay $68,482 to 18 workers after the DOL's Wage and Hour Division found the steakhouse failed to pay workers overtime when they worked more than 40 hours in a week.

Q. We need more employees to cover evening hours, and we’re not getting many volunteers. Now that we’ve decided to rotate everyone into the evening shifts, I am hearing that we have to add a “shift differential” to those who work nights. Is this true?

The San Francisco grocery store chain Casa Guadalupe and its owner have agreed to pay more than $120,000 to settle a wage-and-hour lawsuit filed by the DOL. The owner admitted to investigators that he willfully failed to issue time-and-a-half overtime pay to employees who worked more than 40 hours in a week.

Three lessons from a pending lawsuit in Dallas: 1. If your employees work overtime, pay them for it. 2. Don’t falsify records to cover your tracks. 3. Don’t sell your business to some­­one who is suing you for stiffing them out of overtime.

Several construction companies working on a renovation of the student union ballroom on the Mankato campus of Minnesota State University will have to pay more than $38,000 in back overtime wages. To blame: overly generous scheduling practices.
If your business is small enough and local enough (meaning you don’t produce goods for interstate sale or perform work outside your own state), you may not have to follow the federal Fair Labor Standards Act.

Q. We are doing an internal review of our recordkeeping, and we realized that we track hours for our on-site transcriptionists but we have not been tracking the hours for our transcriptionists who work from home. The on-site employees are non­exempt and we pay them an hourly wage. However, the remote employees are paid piece rates—a certain rate for the number of words transcribed from dictation. Do we have to keep track of their hours?

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