FLSA: Fair Labor Standards Act

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Download a Free Report on FLSA
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Non-Cash Rewards–For the 6 Employee Types


"Non-cash rewards are a terrific way to control costs while still meaningfully rewarding employees, but not every employee is attracted by the same non-cash reward, says consultant Jennifer Daniels."

Pros of Non-Cash Rewards

Daniels, who is senior consultant at Keating Advisors, LLC, offers the following advantages of non-cash rewards:

  • They are more memorable than cash rewards.
  • Non-cash rewards cost less.
  • Cash rewards can quickly become expected.
  • Non-cash rewards programs can be constantly reinvented.

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PTO Policy OK? 11 Questions You Need to Answer


"We love PTO policies because they are easier to administer than separate bucket policies, but there are many policy issues to be decided before your program runs smoothly and avoids lawsuits, says attorney Katherine Marques."

Unfortunately, to complicate matters, many state laws (and some city laws) cover sick time and/or vacation time, so proceed with caution, says Marques, an associate in the New York office of Holland & Knight LLP. She offered her tips at a recent webinar sponsored by BLR® and HR Hero®.

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FLSA Compliance: Simple Until You Do It


"Complying with the Fair Labor Standards Act (FLSA), already trickier than expected, is made even harder by misconceptions and myths, says Attorney Ted Boehm."

For example, he says, there’s the misconception that employers may provide “comp time” in lieu of overtime compensation. For most private employers, comp time is not permissible (government employers often may use comp time).

However, employers may control employees’ hours worked to prevent them from working overtime hours. For example, if an employee works late on a Tuesday, and you see that he or she is likely to exceed 40 hours for that week, the employer can give employee a day off during that week.

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Don’t Count Holiday Pay in Regular Rate (and Other FLSA Oddities)


"In yesterday’s Advisor, Attorney Ted Boehm offered tips for handling tricky wage and hour challenges. Today, he provides his take on deduction difficulties, plus an introduction to the wage and hour self-audit guide that help you find violations before the feds do."

Boehm, an associate in the Atlanta office of law firm Fisher & Phillips, LLP, offered his tips at a recent webinar sponsored by BLR® and HR Hero®.

Premium Pay for Holidays and the Regular Rate

Under Section 7(e)(6) of the Family Labor Standards Act (FLSA), premium pay for work by a nonexempt employee on a holiday is not considered part of his or her regular rate of pay for overtime purposes if the premium pay is at least one and one-half times his or her normal hourly rate of pay. For example, if the employer offers double pay for holiday, that premium won’t be included in the regular rate.

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3 FLSA Danger Zones—Off-the-Clock, Travel Time, Independent Contractors


"Yesterday’s Advisor featured highlights from law firm Littler Mendelson’s special report, “Hot Wage and Hour Issues for Home Healthcare Employers.” In today’s issue, more wage/hour tips, plus an introduction to the wage/hour audit guide that lets you find problems before the feds do."

Note: Find the complete Littler Report here.

Compensable Work Outside of Patient Care Duties

Some preshift or postshift activities may be compensable, the Littler Report says, if they are “an integral and indispensable part of the principal activities.”

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Hot Wage/Hour Issues (Littler Report)


"Every employer can benefit from the practical tips in law firm Littler Mendelson’s special report, “Hot Wage and Hour Issues for Home Healthcare Employers.”"

Note: Find the complete Littler Report here.

Compensable Work Outside of Patient Care Duties

Some preshift or postshift activities may be compensable, the Littler Report says, if they are “an integral and indispensable part of the principal activities.”

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Note to Manager: Don’t Lawyer Up Too Quickly


"Special from SHRM’s Legal and Legislative Conference
Note to Manager: Don’t Lawyer Up Too Quickly "

Yesterday’s Advisor featured SHRM’s top-rated speaker, Attorney Jonathan Segal, who offered the first 10 of his “they won’t tell you, but I will” principles. Today, 11 to 15, plus an introduction to the handy wage and hour guide that helps you solve little problems before they become big and expensive ones.

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Don’t Lawyer Up Too Quickly


"Special from SHRM’s Legal and Legislative Conference
Note to Manager: Don’t Lawyer Up Too Quickly "

Yesterday’s Advisor featured SHRM’s top-rated speaker, Attorney Jonathan Segal, who offered the first 10 of his “they won’t tell you, but I will” principles. Today, 11 to 15, plus an introduction to the handy wage and hour guide that helps you solve little problems before they become big and expensive ones.

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Tough Love: Your Employees Won’t Tell You, But I Will


"Special from SHRM’s Legal and Legislative Conference
Tough Love: Your Employees Won’t Tell You, But I Will"

Attorney Jonathan Segal, SHRM’s top-rated speaker, has been listening to what employees say about HR and compensation, and he’s distilled what he learned into 15 principles all managers should abide by.

Segal, who is a partner with law firm Duane Morris LLP in Philadelphia, shared what he’s found in engagement surveys, discussions with CEOs and COOs, and his own observations in a well-attended session at the SHRM Employment Law and Legislative Conference, held recently in Washington, D.C.

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8 Steps to Stop Bullying in Your Workplace


"Special from SHRM’s Legal and Legislative Conference
8 Steps to Stop Bullying in Your Workplace"

Yesterday’s Advisor featured attorney Allison West’s take on bullying in the workplace. Today, her guidance for dealing with the bully, plus an introduction to the all-compensation-in-one-place website, Compensation.BLR.com.

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