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Tag Archives: FLSA

Closing the Deal: Strategies to Address FLSA and Wage and Hour Problems during Due Diligence

In Monday’s post, I highlighted some of the steps buyers and sellers should follow when conducting due diligence on FLSA and other wage and hour-related issues.  The next obvious question, of course, is what to do when your initial due ...

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Closing the Deal: FLSA Due Diligence with Mergers & Acquisitions at Record Highs

Over the past week, I’ve read a spate of stories about the boom in mergers and acquisitions around the world.  In the U.S., we’re in the biggest boom in M&A activities since the 2008 economic crisis.  Israel has already set ...

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Spooky Halloween Stories: Al Jazeera Publishes New Editorial Featuring Wage and Hour Division Administrator Dr. David Weil

I tweeted this article out on Twitter last week, but for your Friday reading, I wanted to pass along Al Jazeera’s editorial profile of Dr. David Weil, the administrator of the Department of Labor’s Wage and Hour Division (WHD).  The WHD is ...

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Playing with FLSA Fire: Lawsuit over Call Center’s Aggressive “Idle Time” Deductions Proceeds

Recently, the federal district court in Minnesota allowed a collective action filed by call center employees to proceed in an example of how employers can end up playing with fire through over-aggressive time deductions, particularly when employees are idle and “engaged ...

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Alternate Work Schedules: The 9/80 Pay Plan

Recently one of my colleagues asked a question about the Fair Labor Standards Act (FLSA) implications of a 9/80 pay plan that a client wanted to implement.  What is the 9/80 pay plan?  It is one of many alternative schedules ...

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California Court Confirms that Employers Can Still Employ Unpaid Interns in Certain Cases

Recently, the DOL’s preferred test for whether employers must pay their interns has been under attack, an issue I’ll address more directly in a future post. Put simply, the scope of lawful unpaid internships has narrowed substantially in recent years, ...

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Kaplan law school test prep case tests bounds of FLSA Outside Sales exemption

Lawyer readers of the blog will remember BarBRI, Kaplan, and other bar prep providers hawking prep classes, flash cards, practice tests, and more to help law students get through exams and the bar. You also probably remember who their salespeople ...

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The Regular Rate for Commissioned Employees: Lookbacks and “Earned” Commissions

In yesterday’s post, we discussed the basics of calculating the “regular rate” for non-exempt employees under the Fair Labor Standards Act (FLSA), including a reader question on how to handle commissions. Commissions are one of the forms of remuneration that you ...

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FLSA FAQ: Calculating Commissions for Non-Exempt Hourly Employees

Earlier this week in a telecommunications HR group that I participate in, one of the HR professionals asked this question: Q.  How do we pay overtime to hourly inside sales employees that are paid a fixed hourly rate plus commission?  Do ...

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Pre-Shift Safety Meetings Not Compensable Under FLSA After Integrity Staffing, Says Court

We seem to have talked quite a bit lately about the Supreme Court’s interpretation of “integral and indispensable” activities under the Portal-to-Portal Act in Integrity Staffing Solutions, Inc. v. Busk, but with good reason.  The decision is having a broad impact on ...

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