Category Archives: Wage and Hour

Answers to some common questions about paying workers plus how to comply with FLSA regulations relating to exemptions, minimum wage, and overtime.

Why Employee Misclassification Is Such a Hot-Button Issue for the DOL

Yesterday, we looked at whether the Department of Labor (DOL) is actually drawing tighter lines around the definition of “independent contractor” or merely restating its existing position on the problem of misclassification. Today, we’ll get some thoughts directly from DOL administration on precisely why the DOL is so concerned about this issue.

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Do You Hire Independent Contractors? Are You Sure?

Business like to hire independent contractors because they tend to be cheaper than employees. The problem arises when those independent contractors are actually employees.

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DMEC Strategies for Navigating the Paid Leave ‘Patchwork’

Yesterday, we began to discuss how most employers struggle with managing leave of absence issues, understanding Family and Medical Leave Act laws, and knowing when a family medical leave of absence is covered by state or federal law. But now there’s a new wrinkle to consider in an increasing number of places: legally mandated paid leave. Today, Susan Schoenfeld, JD, BLR’s senior legal editor, provides some guidance.

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What You Need to Know About the New FMLA Forms

In late May 2015 the U.S. Department of Labor (DOL) issued its long-awaited new Family and Medical Leave Act (FMLA) forms. It was hoped that the new forms, which do not expire until May 31, 2018, would contain multiple changes clarifying long-standing issues regarding genetic information, spousal coverage, and lack of clarity in the certification process.

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Clean-Up Time: Is It Compensable Time?

Yesterday, attorney Mark E. Tabakman of Fox Rothschild, LLP, offered some guidance on work situations where “compensable” or “not compensable” under the federal Fair Labor Standards Act isn’t crystal clear: pre- and post-shift activities, as well as “de minimis” activities.

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What Constitutes “Working Time”?

Wage and hour enforcement continues to ramp up, especially in areas that aren’t cut and dried—like what’s considered compensable time. While compensable time is easy enough to calculate once employees are clocked in and at their work stations, it’s around the fringes that things get complicated.

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Can You Require Exempt Employees to Take Unpaid Furloughs?

If business is down, you may be considering asking employees to take a short furlough—say, one week without pay—as a means of cutting costs without cutting jobs. Is this permissible for your exempt employees?

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An Employee Breaks Your Stuff—Now What? Can You Make Him Pay?

A manufacturing employee fails to follow proper procedure and damages an expensive piece of company equipment. An administrative aide uses a company computer to access pornography and causes a virus to infect the company’s computer system. A terminated sales person fails to return a company cell phone. These and similar scenarios are all too familiar to employers.

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Are You Making These 4 Common Overtime Mistakes?

As you probably know, the federal Fair Labor Standards Act (FLSA) regulates the payment of overtime pay, but it’s not always easy to figure out who’s entitled to it—and when. Here are four common overtime mistakes, courtesy of Attorney Gary S. Fealk of Vercruysse Murray, PC.

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Compa-Ratio, Market Index, and Range Penetration: Making Sense of the Lingo

Do the terms compa-ratio, market index, and range penetration sound complicated? Maybe a little bit mysterious? Scary even? They’re all pretty common terms for very useful information in the comp world, though they might be a tad confusing for compensation newbies.

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