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FLSA

Do Your Agreements Provide for Waivers of Collective Actions?

August 8, 2012
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Before embarking on a campaign to require that your employees sign away their participation in collective actions, you might want to wait for the 6th Circuit to have its say on the issue.
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Does a 'Good Faith Belief' About an Illegal Pay Practice Support an FLSA Retaliation Claim?

August 6, 2012
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Despite a recent ruling, if an employee you have classified as exempt complains about overtime pay, do not assume it is safe to retaliate.
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Report: Wage-and-Hour Suits Hit Record Number

July 23, 2012
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The claims forming the bulk of these numbers include: misclassification of employees, alleged uncompensated 'work' performed off the clock and miscalculation of overtime pay for nonexempt workers.
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Despite What Some Think, Employers do not Set Out to Cheat and Steal

July 16, 2012
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Paychecks and timesheets are neither a ploy nor a tactic. Instead, most employers are well-intentioned but ignorant of the myriad, twisted rules and regulations that govern why, when, to whom, and how much overtime is to be paid.
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Pharmaceutical Sales Reps Exempt from FLSA Overtime Rules

May 10, 2012
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The ruling states that under the FLSA, employees are entitled to overtime pay for any hours worked in excess of 40 hours per week. In both cases, plaintiffs had claimed they were misclassified as exempt employees and denied overtime pay.
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Revenge Is a Dish Best Never Served at All in the Workplace

May 8, 2012
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If you think you can rely on a legal technicality as a defense against retaliation, think again. The deck is stacked against you.
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'Eat Shop Sleep' Underscores Importance of Proactively Addressing Wage/Hour Issues

April 24, 2012
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I remain convinced, as I've pointed out before, that I can walk into any company and find a wage-and-hour violation.
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Employers Struggle to Control Wage-and-Hour Litigation

April 2, 2012
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Employers can minimize the chances of litigation by taking steps that include periodic audits to determine whether employees are being properly classified, as well as careful record-keeping.
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FLSA Protects Complaints About Work Conditions

March 8, 2012
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Because of the court's trend in expanding protection against retaliation, employers need to be cautious when disciplining employees who have made complaints about FLSA violations.
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State Law Favored Over Feds in Overtime Case

February 13, 2012
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When involved in overtime claims based in state law, employers must initially review applicable state statutes and regulations before relying on federal tests, especially when in California.
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