What exactly does “exempt” mean?

This is a fairly consistent question from employers today so I decided to rerun this post. There is an update at the end, however. The Fair Labor Standards Act tells us we have two types of employees, non-exempt and exempt. Unfortunately these terms are not very explanatory and people often get them confused. Let me …

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From the archive: Which industries do you think are hit the hardest by FLSA violations?

This two-year-old post is still relevant. Wage violations occur in these industries as much today as they did two years ago.  With the December 1, 2016 deadline for changes in the new overtime regulations a great deal of attention is being focused on the Fair Labor Standards Act. A recent study conducted by TSheets, using …

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Two for Tuesday

It has been a while since I last published due to my holiday hiatus. I wanted to start back up by making you aware of two publications of importance to HR. First up is a notice from Susan Milner Parrott of  Smith Anderson. She writes about four new opinion letters published by the US Department of …

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From the Archive: In case you think recording employee time is not important, think again!

Recent news items about recording employee work time have prompted me to republish this post from earlier this year. Try not to make these time recording mistakes. In my consulting practice, I run across companies occasionally that are somewhat lackadaisical in keeping track of the time their employees are working. Often this comes from another …

Read moreFrom the Archive: In case you think recording employee time is not important, think again!

Double wrong-doing: Another case of bad HR

I have been in HR for a long time and I have seen many errors. Every company I worked for, however, knew that nonexempt workers were owed overtime at the rate of time-and-a-half for all hours worked over 40 hours in the week. As a result, I usually chalk up incorrect payment of wages to …

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Videos to explain the FLSA

I opened up my mail today to read yet another story about a company violating the Fair Labor Standards Act. Once again it was a restaurant that was so bad they had to pay $654,366 in back wages to 567 employees for multiple FLSA violations. There was, however, a link in this article to a …

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Do most employers engage in wage theft?

Are you an employer who pays employees for their work? Are you certain that you have accurately paid nonexempt employees for every minute they have worked? Are you certain that you have never incorrectly made a deduction from an exempt employee’s check when they didn’t work a full week? Well, congratulations if you haven’t, but …

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Opinion letters flowing from the Wage and Hour Division to help employers

In a blog post from last July, I mentioned that Department of Labor Secretary Alex Acosta had announced that the Wage and Hour Division would start administering opinion letter again. They have lived up to their word. Initially, they reviewed and reissued opinion letters from 2009, such as one on permissible salary deductions from exempt …

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How much do you really trust the government?

The US Department of Labor is trying to become a much friendlier agency when dealing with employers, really they are. They have reinstituted opinion letters, where employers can reach out to the USDOL and get information about a situation, that handled incorrectly could result in a lawsuit. These opinion letters can then act as guidance …

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A new test for determining if your intern should be a paid intern

The US Department of Labor is in the process of becoming a “friendlier” place. One such change has come in the form of a new test to determine if an intern can be an unpaid intern or if they should be paid. No longer six factors In 2011 I wrote a post called Unpaid Internships …

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