I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower
Continue Reading The Fluctuating Work Week Arrangement: What Does Fluctuate Really Mean?
The FLSA is very strict concerning proper deductions from exempt employee salaries. Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees.
Continue Reading Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!
Although Spring is almost here, many areas in the country are still being socked with winter storms. When snowstorms hit and a business closes for the entire or part of
Continue Reading Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt WorkersWhen people are employees, the deductions that may be made from their wages are limited and many items that would be classified as employer business expenses cannot be deducted from
Continue Reading Company Asserts Novel Defense In Fighting FLSA Independent Contractor Misclassification Action
The fluctuating work week (“FWW”) method of computing overtime is very misunderstood and, often, misused by employers. On that note, I read an interesting post in the Epstein Becker Wage
Continue Reading Fluctuating Work Week Compensation-Court Clarifies Many Confusing Issues
Employers may make deductions for uniforms under the Fair Labor Standards Act but such deductions cannot take their wage rates under the minimum. Life Time Fitness just learned this truism.
Continue Reading Deductions Issues Require Scrutiny of Both Federal and State Laws
In December, I blogged about off-the-clock work in my post Unreported, Off-the-Clock Work. Off-the-clock work includes meal break time, and issues arise when employees work during these breaks, or
Continue Reading Working During Meal Break Controversy Continues: What Employers Should Do
I often post on and discuss working time issues, e.g. travel time, on-call time, automatic lunch deduction cases, training time and, of late, after-hours employee email/blackberry usage and whether it is
Continue Reading What Is Working Time? Listen To My Webcast Airing on January 17, 2013
The U.S. Department of Labor (“DOL”) has recovered $213,000 in back wages for 1,028 foreign students who were employed at a plant owned by Hershey Co. The foreign students were
Continue Reading Why Employers Should Be Wary About Deducting Housing Costs From Employees’ Pay
When I begin defending a Fair Labor Standards Act collective action, one of the first strategies I look for is to find some way to kick the named plaintiff out
Continue Reading FLSA Collective Action Dismissed for Failure of Lead Plaintiff To File Opt-in: Yes!