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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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Don’t make the mistake of thinking that just because an employee is paid a salary, he or she is exempt. The employer must also show that the worker performed exempt work under one of the several exemptions available under the Fair Labor Standards Act.

Employers that don’t track how many hours employees work face a real disadvantage. If an employee sues for unpaid overtime, he or she will be able to use inexact estimates as proof of work done but unpaid. What’s more, should the employee win the case, those estimated hours end up doubled as punishment.

In one state, at least, they're getting very serious about the consequences of shorting employees on what's rightfully theirs.
The Fair Labor Standards Act allows government agencies to offer comp time in lieu of overtime when employees work more than 40 per week. As long as you clearly let employees know that’s how you will treat OT, they can’t complain later.
Investigators from the U.S. Department of Labor’s Wage and Hour Division have foiled a joint employer scheme they claim attempted to cheat temporary workers out of overtime pay.
Employers can’t retaliate against workers who complain about alleged Fair Labor Standards Act violations. However, not every complaint about pay is protected.

What you call an employee doesn’t determine whether she’s properly classified as exempt. What matters are her duties. If they are routine and menial in nature, she’s not exempt, even if she holds a lofty title within the organization.

What you call an employee doesn’t determine whether she’s properly classified as exempt. What matters are her duties. If they are routine and menial in nature, she’s not exempt, even if she holds a lofty title within the organization.

A Papa John’s pizza franchisee faces jail time for his attempt to evade responsibility for paying overtime to workers at nine stores in the Bronx, N.Y.
In one of the largest recoveries of overtime wages in recent years for the U.S. Department of Labor, oil and gas service provider Halliburton has agreed to pay $18,293,557 to 1,016 employees nationwide.
Q. Our company needs to hire computer programmers to create, maintain, and update internal software, and to develop apps to give to our clients. I have heard about a “computer workers” exception from overtime. What exactly is the exception and can I apply it to my computer programmers?
National retailer Petco has settled a lawsuit filed by employees in California who groom pets in the company’s stores. The suit alleged the company failed to pay the workers minimum wage and overtime in violation of state and federal laws.
The Court of Appeals of California has upheld class-action certification allowing several employees to represent over 200,000 fellow current and former employees who claim they weren’t provided appropriate meal periods or premium pay for missed breaks.
Fewer opportunities to work overtime, less workplace flexibility for employers and employees alike: That’s the likely result of the Department of Labor’s proposed rule to more than double the salary threshold that makes white-collar managers eligible for overtime pay, according to comments submitted to the DOL by the Society for Human Resource Management and WorldatWork, two prominent HR organizations.
On July 6, the U.S. Department of Labor published a long-anticipated proposed rule that would make overtime pay available to nearly 5 million workers who are currently exempt from the Fair Labor Standards Act’s overtime requirement. The proposed rule would raise the minimum salary level for overtime exemption and raise the salary threshold for certain highly compensated employees.
A federal appeals court has upheld Department of Labor rules that grant minimum wage and overtime pay protection to live-in home health care workers employed by third parties.
How serious is the U.S. Department of Labor about cracking down on employers that misclassify workers as independent contractors instead of employees? It has begun a weekly media campaign to tout its growing list of legal victories in misclassification cases.
Comments are pouring in to the U.S. Department of Labor at a rate of more than 500 per week in advance of a Sept. 4 deadline for employers and others to register their opinions on a rule that the Obama administration says could make 5 million more white-collar workers eligible for overtime pay if they work more than 40 hours in a week.

On July 6, the U.S. Department of Labor published a 295-page Notice of Proposed Rulemaking (NPRM) seeking public comments on proposed changes to the “white collar” overtime exemption regulations. The comment period closed on Sept. 4. The DOL proposes specific changes to the salary level requirements for the majority of the white collar exemptions and also seeks commentary regarding potential changes to the duties tests for the exemptions.

Recent initiatives by the U.S. Department of Labor’s Wage and Hour Division can cause very real problems, particularly for employers in low-wage industries. They’re a target-rich environment for cracking down on minimum wage and overtime pay violations. What's the best way to stay out of WHD’s cross hairs?
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