FLSA
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'Time-Off Plans': An Alternative to Comp Time
'Time-off plans' may be an efficient and economic way to manage employee pay. But how does an employer ensure a plan complies with the Fair Labor Standards Act?
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Supreme Court to Hear Title VII, Class-Action Cases in 2012-13 Term
As Littler Mendelson's Garry Mathiason says, 'There are always some surprises from the Supreme Court.'
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Report: Wage-and-Hour Suits Hit Record Number
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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Pharmaceutical Sales Reps Exempt from FLSA Overtime Rules
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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Employers Struggle to Control Wage-and-Hour Litigation
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
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
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
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.
