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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Eight years after being flagged for similar violations, Long Island’s Chateau Briand catering company has been burned again for illegal pay practices.
PCM Construction Services has settled DOL charges that it cheated employees out of overtime pay when they worked more than 40 hours in a workweek. The problem: PCM paid nonexempt employees a flat salary regardless of how many hours they put in.
Fort Worth-based Alcon Laboratories has agreed to pay $199,443 in back wages to 342 assemblers, material handlers and production technicians at its Houston facility.
Lady Gaga’s former personal assistant wants the flamboyant performer and cultural phenomenon to cough up another $400,000 in back overtime pay. Claiming she was on call 24/7, the assistant’s lawsuit says she should have been paid overtime for 128 hours per week in addition to her $75,000 a year salary.

The most recently released regulatory agenda of the DOL focuses on three major areas: 1. A “plan/prevent/protect” strategy that seeks to achieve compliance with workplace laws each and every day. 2. A departmental commitment to openness and transparency. 3. Reducing employee risk.

Republican lawmakers have introduced a bill that would allow nonexempt employees to choose compensatory time off instead of overtime pay. The Working Families Flexibility Act would let private-sector employees take an hour and a half of paid time off for every hour of overtime worked.
Dallas-based Nieman Printing thought it had it all figured out when it hired two temp agencies to employ the same workers doing the same work, but on different days. The strategy: Keep workers from ever putting in more than 40 hours per week for one employer. Desired result: No overtime pay! DOL investigators saw through the charade.
A chain of three Long Island Asian restaurants will pay more than $1 million in back wages and penalties to 255 current and former employees who were underpaid.
The U.S. Department of Labor’s Wage and Hour Division is seeking a fortune in fortune cookies from three San Antonio-area China Sea Restaurants after an investigation revealed massive minimum wage, overtime and recordkeeping violations.

Q. We sent a few employees to training over a weekend. They weren’t required to attend, but the course will help them do their jobs better. We paid the hourly ­workers for that time, but not overtime. Do we owe them overtime if they worked 40 hours before the training session?


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