What 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?Non-Exempt
FLSA Telecommuting Issues Can Lead to Abuse: Employers Beware!
By Mark Tabakman on
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…
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Flimsy Affidavit From Named Plaintiff Insufficient to Secure Conditional Certification in FLSA Collective Action: A Case for Sanity!
By Mark Tabakman on
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…
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Fluctuating Work Week Calculation of Back Due Overtime Not Allowed by Pennsylvania Supreme Court
By Mark Tabakman on
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…
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No OT for Hourly Paid Nurses in Offbeat Texas Lawsuit
By Mark Tabakman on
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…
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Converting Exempts To Non-Exempts Leave A Window Of Opportunity
By Mark Tabakman on
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…
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Yet Another Assistant Manager Collective Action: Will They Never End?
By Mark Tabakman on
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…
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Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?
By Mark Tabakman on
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…
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Trial Tactic Of Introducing Exemption Defense Disallowed: A Valuable Lesson For Employers
By Mark Tabakman on
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…
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Store Managers Always Pose Thorny Issue on Exemption Question
By Mark Tabakman on
In a recent posting in the Connecticut Employment Law blog, Steve Lavelle wrote about a recent case in involving the exemption status of Store Managers for Family Dollar Stores. The…
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