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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The USDOL is revising the definition of "Regular Rate of Pay"

Back in January, I wrote a post entitled What is the “regular rate of pay according to the USDOL.” At that time I explained that many employers made FLSA overtime mistakes because they did not calculate overtime on the correct rate of pay. The USDOL has introduced a proposal to revise and clarify the definition …

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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. …

Read moreFive acts that violate the overtime provisions of the FLSA- 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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If you require the overtime, pay the overtime

I am amazed sometimes at the things employers will do to avoid paying overtime. If this is done unintentionally, it is a sign of ignorance and lack of proper understanding of the requirements of the Fair Labor Standards Act. If this is done intentionally this falls into the category of wage theft. Below is a …

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What the Heck is "Doffing?"

I originally wrote this post back in 2011. You would think this is a simple issue, yet employers continue to get it wrong. Just yesterday I read an article written by the attorneys of Fox Rothchild, LLP where they described a case where a company is accused of owing overtime to 7000 employees because the …

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Paying for overtime with cash under the table is NOT a good practice!

Reading through the USDOL press releases it appears that many companies have problems paying for overtime. Case after case show companies being fined for overtime violations and recordkeeping errors. At an average of about $250,000 per case, plus whatever the legal costs were, a lot of overtime could have been paid for without getting in …

Read morePaying for overtime with cash under the table is NOT a good practice!

Three Hump Day Reads for HR

As many of you know, I occasionally point out the blogs of others that I think do a great job of informing you or are just plain interesting. So here we go. What the heck is a highly compensated employee under the FLSA? I don’t know about you, but that has always been a puzzler …

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"Comp Time": A Big "No-No" in the Private Sector- From the Archive

I often get comments on my posts that are questions or pleas for help. I received on yesterday on the subject of comp time. As a result, I decided to republish this post from the past to explain how a private sector employer must handle employees who work overtime. One area of the Fair Labor …

Read more"Comp Time": A Big "No-No" in the Private Sector- From the Archive

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