FAQ

Waiting to Exhale: When to Pay Employees for “Idle Time”

Recently, we discussed the issue of a call center employer who took deductions for employees’ “idle time” while on duty, both at breaks and while waiting for their next work assignment.  As a follow up to that post, I wanted ...

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Finders Keepers: Handling Unclaimed Employee Wages

Most employers with handbooks or comprehensive policies have at least some kind of reminder to employees that looks like this: It is the employee’s responsibility to keep their employment records up to date, including home address, telephone number, dependents and ...

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FLSA Endangered Species: The Part-Time Exempt Employee

With the Department of Labor planning to release new Fair Labor Standards Act (FLSA) regulations in 2016, one question that I get frequently is what will happen to part-time exempt employees–professionals (nurses, accountants, etc.), managers, or other administrative personnel who ...

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FLSA FAQ: Giving FLSA-Guilt-Free Thanksgiving Turkeys and Other Holiday Gifts to Employees

For readers in the U.S., tomorrow is Thanksgiving and the start of a long holiday weekend for many of us.  As we head into the holiday break, it is a good time to address how employers should handle holiday gifts ...

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FLSA FAQ: A Solution for Per Diem Problems

Yesterday, we discussed the DOL’s focus on employers’ per diem payments to employees.  I promised an easy–and more easily defensible–solution to employers who want to pay per diems but don’t want the headache of tracking every last receipt that comes ...

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FLSA FAQ: The Problem with Per Diems

Last week, I mentioned that the “per diem” issue under the Fair Labor Standards Act (FLSA) is not just a regular rate calculation problem, but a liability issue, too.  In the case that we discussed on Friday, the parties had agreed that ...

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The Effect (or Non-Effect) of Expense Reimbursements on the FLSA “Regular Rate”

Recently, we have discussed certain types of special calculations for non-exempt employees who earn commissions or who receive commissions or bonuses at a later date than they earned them. These issues are all part of broader discussions about fixed payments that ...

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Election Day and Wage and Hour Law: Paid Voting Leave Laws

We’ll get back to FLSA mergers and acquisition tips tomorrow, I promise, but today is election day in many places around the country.  It is easy to remember election day in presidential years, but state and local elections happen every ...

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FLSA FAQ: Handling Vacation, Holiday, and Sick Leave Pay for Alternative Work Schedules

Last week, we discussed the 9/80 pay plan, and it raised a couple of questions for readers given the increasing prevalence of these schedules in the workplace.  If employees regularly work 9-hour or 10-hour shifts because of a 9/80 or ...

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FLSA FAQ: Commuting in an Employer-Provided Vehicle

In the second installment of this “employee travel” series yesterday, I outlined the somewhat nebulous standard of a “normal” commute under the Employee Commuting Flexibility Act (ECFA) amendment to the Fair Labor Standards Act (EFCA). In particular, Congress passed ECFA in large ...

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