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FLSA

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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Supreme Court Showdown: Big Pharma Firms vs. Sales Reps

December 28, 2011
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At stake is a case that could not only determine whether they are eligible for millions of dollars in unpaid overtime but also could affect the livelihood of other workers who ‘promote' products.
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<i>Dear Workforce</i> How Do We Correct Misclassifications Under FLSA?

March 18, 2009
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Under FLSA, what is the statute of limitations on making overtime payments to nonexempt employees that were misclassified as exempt? This occurred at our company for about 20 years. We are under new management, which is trying to address the wrongdoing. However, there are still employees in management positions here who knowingly misclassified people. We are being told that our hours of overtime (eligible) to be compensated is limited to the last three years, and have been asked to estimate the actual hours we worked beyond straight time. How does this comport with federal statutes?
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