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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EVERYONE needs training on the Fair Labor Standards Act!

The Fair Labor Standards Act, also known as the wage and hour law, has been in the news a great deal lately. In at least five cases in the past week errors costing tens-of-thousands of dollars have been in the news. Employers are making mistakes on overtime payments, especially in calculating the “regular rate of …

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A lesson in overtime pay

Two employers learned a lesson in understanding the rules of the Fair Labor Standards Act. The FLSA requires that non-exempt employees receive overtime pay based on their “regular of pay”. Unfortunately, many employers don’t understand that term. Regular rate of pay is not the hourly figure that the employee was hired at, it is, as …

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Employers just keep messing up!

In the past month, there were multiple stories of employers messing up compliance with the Fair Labor Standards Act. Here are the stories: Alabama Installation Company to Pay $134,097 to 22 Employees After U.S. Department of Labor Investigation Finds Overtime Violations U.S. Department of Labor Investigation Results in Sacramento-Area Gas Stations Paying $45,957 to 40 …

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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 …

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

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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Five acts that violate the overtime provisions of the FLSA- again

I am still doing webinars on violations of the FLSA because employers still make these mistakes.  I spent an hour reading material on the many employers who make FLSA mistakes. Stop! Learn the correct ways! CNN Money published a list of the top 10 industries that violate the overtime provisions of the Fair Labor Standards Act. …

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The decision on what salary level is appropriate to be considered exempt is delayed

Back in December of 2016 the Obama administration effort to raise the salary level which defined eligibility for exempt status from $23,660 to $47,476 per year, or $455 to $913 per week. That was brought to a halt in late November 2016 by several lawsuits, and as yet has not been decided. The USDOL has …

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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!

Who doesn’t keep time records?

In my consulting career, I have never run into companies that don’t keep time records for their nonexempt employees. Apparently, there are some companies that don’t and that spells trouble for employers. Violation of the FLSA Not keeping time records for people who have to be paid on the basis of their time worked is …

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