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.
The best approach to classification is to regularly review exactly what employees actually do, day in and day out. Then measure that by what the FLSA regulations say indicates exempt status.
Most federal district courts routinely hold that out-of-court settlement agreements, to the extent that they purport to waive FLSA claims, are unenforceable. That has made it difficult and expensive for employers to resolve pay issues, even when they realize they made a mistake and want to compensate the employee fairly. Last year, the 5th Circuit Court of Appeals took a more pragmatic approach in Martin v. Spring Break ’83 Productions.
Pennsylvania’s hospitality industry has earned the dubious distinction of violating the nation’s pay laws more often than those in any state outside the Sun Belt.
Before you approve a creative approach to paying hourly employees, be sure to get expert help. That’s essential if your employees may have to put in more than 40 hours of work per week, because you will have to calculate their regular rate of pay to calculate overtime compensation. And that’s something the DOL wants done right.
Q. We allow nonexempt (hourly) employees to work from home. Some of them are turning in overtime slips. Do we have to pay them for those self-reported extra hours?
Most employers have strict rules against working overtime without authorization. They use time clocks or other tracking systems to keep accurate records. But what if supervisors tell employees to work before they clock in or after they clock out?
Q. Our front-line supervisors often fill in for vacationing nonexempts. Do such duties jeopardize their exempt status during the weeks they substitute for the vacationing employees?
Jennifer O’Neill, former personal assistant to entertainer Lady Gaga, is one step closer to getting her day in court. She claims Mother Monster kept her on call 24 hours a day, seven days a week, for over a year. Her lawsuit seeks overtime pay for every hour of each of those days.
The DOL has announced final rules extending FLSA minimum wage and overtime protections to most workers who provide home care assistance to elderly, sick and disabled people. The rules will go into effect Jan. 1, 2015.
By focusing on wage theft and retaliation claims instead of broad enforcement efforts, California’s Labor Department has managed to assess more than $51 million in civil penalties against businesses found to be in violation of state labor laws.