State and federal wage and hour law is difficult for even the best HR people to correctly administer. All of us are faced with ensuring that rest and meal break rules are understood and adhered to. While the rules aren’t terribly complex they can be tricky. They certainly can be sensitive as they involve two things highly valued by employees- breaks and pay. Therefore they deserve periodic attention. Serious and costly consequences can result if something as seemingly simple as the law surrounding rest breaks isn’t followed.
August 17, 2009
August 3, 2009
Remember the Minimum Wage Increase
Remember the Minimum Wage Increase. Don’t forget that the 2007 amendments to the Fair Labor Standards Act require that the federal minimum wage must be increased from $6.55/hour to $7.25/hour on Friday, July 24. Your state law may require an even greater rate.
June 15, 2009
Maintaining Exempt Status During Times of Reduced Workweeks, Furloughs, Forced Vacations and Other Employer Cost Saving Strategies
The current economic downturn has forced many employers to be creative about cutting labor costs. Various approaches including implementing reduced workweeks, furloughs, requiring that vacations be taken, etc., have been employed to avoid layoffs and retain skilled workforces. That’s all painful enough, but beyond the administrative costs, morale issues, and headaches associated with such plans are there other things to worry about? Given that you are a savvy HR professional or manager, you are well aware that there are always other things to worry about when dealing with human resource issues.
Ensuring compliance with the Fair Labor Standards Act (FLSA) by carefully maintaining exempt employees’ status can be tricky. But then again just everything about the FLSA is tricky. A few things to ponder are found below. (more…)
June 1, 2009
Wage and Hour Issues at the Spearmint Rhino?
In another example that no organization is immune from Fair Labor Standards Act complaints, several “exotic dancers” at the Spearmint Rhino and other Los Angeles area clubs have alleged that they have not been paid minimum wage and have been misclassified as independent contractors. The dancers’ made their allegations under the name of the “California Coalition of Undressed Performers.” That didn’t sit well with the court that found that for the dancers to pursue their case they’d have to provide their real names- no pseudonyms. No word on how that will turn out. [Exotic Dancers v. Spearmint Rhino, C.D. Cal.]
January 26, 2009
That’s Stinky! Improper Job Classification Puts Potty Company in Deep Doo-Doo
Who knew that there would be HR lessons to be found in the world of porta potties? Apparently wage and hour law knows no bounds. According to the New York Daily News, a portable potty company, Call-A-Head, has found itself in the middle of a class action lawsuit. Employees claim that they were required to clean 100 toilets each day, which often took 15 hours to complete although they were paid for 10 hours daily. It’s alleged that the company had used hiring ads offering to pay $1000 weekly for 4 ten hour days of work. It is also claimed that employees were required to clock in but couldn’t clock out. The employees are seeking back overtime which could be over $1 million. The company denies the charges.
What can be learned from this case so that you can avoid flushing your profits along with your reputation in a Fair Labor Standards Act (FLSA) lawsuit?





