Off-the-clock Work Ban Can Save You From Wage and Hour Lawsuits

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Wage and hour lawsuits are on the rise, usually with non-exempt employees claiming they weren’t paid either for overtime or for work they may have performed before or after their shift. But, if you have ironclad policies in place, you can greatly minimize both the chances of being sued and also losing the case. One California case illustrates how one employer, thanks to its policies on prohibiting work off the clock, was able to avoid a trial and payment of damages after an appeals court threw out a potential class-action suit by employees claiming they hadn’t been paid for overtime…
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Countdown to New Overtime Exemption Rules

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If you have not yet done so, now is the time to start preparing all of your accounting and payroll systems for the onset of the Department of Labor’s new overtime exemption rules. The final regulation changes the salary level that must be met before an employee can be exempt from overtime if they satisfy the “duty requirement,” meaning they have to be engaged in certain “white collar” jobs, like management. The White House estimates that some 4 million workers who are currently considered “exempt” from overtime pay of time and a half for working more than 40 hours in…
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A Guide to The DOL’s New Overtime Regulations

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The Department of Labor has more than doubled the salary threshold for exempt employees to $47,476, which means anyone earning less than that must be eligible for overtime if they work more than 40 hours a week. The increase equates to a minimum salary of $913 per week, compared to the current $455 per week – or $23,660 a year. This means if you employ someone who is currently an exempt manager and they earn less than $47,476, they will be non-exempt starting Dec. 1, unless you give them a raise. If they work more than 40 hours a week,…
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FMLA, FLSA Lawsuits Surge, Exposing Employers to Large Awards

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The number of employee lawsuits against employers for Family Medical Leave Act (FMLA) and wage and hour violations has skyrocketed in the last five years and your firm could be the next target even for a small misstep, which can be costly. The Department of Labor has increased its budget and the number of investigators pursuing employers who violate the Fair Labor Standards Act (FLSA), which covers wage and hour complaints, including exempt and non-exempt employee violations, overtime violations and similar issues. Employment law attorneys say that the surge in FMLA complaints is a result of more people knowing about…
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California Wage & Hour Violations Can Create Personal Liability

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A new California law gives the state labor commissioner expansive new powers to go after employers that have judgments against them for non-payment of wages, including issuing stop-work orders and holding officers personally liable. The Fair Day’s Pay Act, which took effect Jan. 1, adds a whole new section to the state Labor Code aimed at reducing wage theft and making employers pay for skirting wage and hour laws. Specifically, those violations include: • Final payment of wages at termination. • Issuing wage statements. • Meal and rest break laws. • Overtime. • Expense reimbursement. • Payment of minimum wage….
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