I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up
Continue Reading The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For EmployersWhat employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive. If they do not
Continue Reading Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?I am getting deluged with inquiries from clients, some very agitated, about what they should do, or can do, vis-à-vis their non-exempt work forces and how these folks can be
Continue Reading FLSA Telecommuting Issues Can Lead to Abuse: Employers Beware!
It seems that plaintiffs (and their lawyers) think that all they have to do to get conditional certification is throw up a flimsy Affidavit from the named plaintiff and the
Continue Reading Flimsy Affidavit From Named Plaintiff Insufficient to Secure Conditional Certification in FLSA Collective Action: A Case for Sanity!
I have long been a fan of the fluctuating work week (FWW) method of paying overtime to non-exempt salaried employees. This computation yields a half-time calculation, i.e. a lower calculation
Continue Reading Fluctuating Work Week Calculation of Back Due Overtime Not Allowed by Pennsylvania Supreme Court
This is a very interesting case. A group of nurses at a Texas hospital claimed they their employer intended to pay them an annual salary rather than an hourly rate
Continue Reading No OT for Hourly Paid Nurses in Offbeat Texas Lawsuit
When an employer realizes that a certain classification or number of employees has been misclassified as exempt, the employer may do the right thing and, henceforth, treat those people as
Continue Reading Converting Exempts To Non-Exempts Leave A Window Of Opportunity
I have often written about the scourge of Assistant Manager class actions. The employee category is particularly subject to this kind of lawsuit as these workers often perform some
Continue Reading Yet Another Assistant Manager Collective Action: Will They Never End?
Here is another exemption misclassification lawsuit, but this time coming from a different angle. This time, it is a group of human resources employees who work for Lowe’s have filed
Continue Reading Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?
I have often preached that the administrative exemption is the toughest one to prove. It is even more difficult when that exemption defense is not raised either in the Answer
Continue Reading Trial Tactic Of Introducing Exemption Defense Disallowed: A Valuable Lesson For Employers