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Report Link Sample Safe Harbor Policy for FLSA Compliance.Jackson Lewis LLP - June 12, 2008 The U.S. Department of Labor's rules on the "white collar" exemptions from federal overtime and minimum wage requirements under the Fair Labor Standards Act provide a "safe harbor" that may preserve an employee's exempt status in the event impermissible deductions are made. Report Link Pro-Ration of Minimum Salary for Part-Time Exempt Employees Disallowed.Barker Olmsted & Barnier - April 15, 2008 The U.S. Department of Labor recently issued an opinion letter on the topic of pro-rated salaries for exempt employees. Report Link Requirement to Record Time Will Not Lead to Loss of Exempt Status under the FLSA.Elarbee, Thompson, Sapp & Wilson, LLP. - January 04, 2007 There is a common misperception that requiring employees exempt from overtime to record their hours of work, will result in loss of the overtime exemption. A number of exempt employees also thought that their employers could not set their hours of work. These myths persisted even though most courts rejected them. Nonetheless, the U.S. Department of Labor's Wage and Hour Division (“DOL”) has also stated that employers may adopt workplace rules requiring employees to record and track their hours, and even set their work schedules without jeopardizing the employees' exempt status under the Fair Labor Standards Act's (FLSA) exemption for executive, administrative or professional employees. The DOL issued its opinion in response to an employer’s request question as to whether it was permissible for it to implement two new job requirements; namely, requiring exempt employees to work 45 hours per week and mandating that they make up work time lost due to personal absences of less than a day. Report Link Salary Deductions to Recover the Cost of Lost or Damaged Company Property Could Backfire (pdf).Vedder Price - August 04, 2006 Your employee leaves his company-provided
BlackBerry on the roof of his car and drives away.
Another employee accidentally downloads a virus
while surfi ng the Internet and corrupts the hard
drive of her company laptop. Do you deduct the
cost of repair or replacement of these items from the
employees’ salaries? If you do, a March 10, 2006
opinion letter from the U.S. Department of Labor says
those deductions could cause the affected employees
and others in their job classifi cations to lose their
exempt status, subjecting you to liability for unpaid
overtime and liquidated damages. Report Link Deductions from Employees’ Salaries for Damage/Loss of Company Equipment May Lead to Loss of Exempt Status Under the FLSA.Elarbee, Thompson, Sapp & Wilson, LLP. - June 29, 2006 In March 2006, the U.S. Department of Labor's Wage and Hour Division issued an Opinion Letter indicating that an employer may not deduct from the salary of an exempt employee (or otherwise require him or her to reimburse the employer) for damage to or loss of company equipment without jeopardizing that employee's exempt status under the Fair Labor Standards Act's (FLSA) exemption for executive, administrative or professional employees. Report Link Can Employers Deduct Partial-Day Absences from Exempt Employees' Vacation Time?Jackson Lewis LLP - January 19, 2006 Since 2002, the California Division of Labor Standards Enforcement (DLSE) has taken the position that employers may not deduct partial-day absences from exempt employees' accrued vacation leave banks. Recently, however, the First District Court of Appeal ruled in Conley v. Pacific Gas & Electric Co. that such deductions are lawful in certain circumstances. Report Link U.S. Department of Labor Issues Opinion on Salary Deductions for Absences Due to Inclement Weather (pdf).Vedder Price - January 06, 2006 In an October 2005 opinion letter, the U.S. Department
of Labor (DOL) provides guidance to private employers
regarding permissible deductions from exempt employee
salaries for absences caused by inclement weather such
as heavy snow or other types of disasters. Report Link To Deduct or Not to Deduct Exempt Employee Absences During Weather Emergencies.Littler Mendelson, P.C. - December 02, 2005 In two recently released opinion letters, the Wage and Hour Division of the U.S. Department of Labor (DOL) provides guidance to employers regarding deductions from an exempt employee's salary due to absences during weather emergencies. The letters are available at Report Link Exempt Professionals' Overtime Suit Fails (pdf).Ogletree Deakins - April 22, 2005 Court Finds Employer May Reduce Pay Without Jeopardizing Exemption. Report Link Paid Time Off for Partial Day Absences and Maintaining "Exempt" Employee Status.Littler Mendelson, P.C. - February 15, 2005 On January 7, 2005, the U.S Department of Labor (DOL) issued an Opinion Letter confirming that employers may deduct less than a full day from a salaried, overtime- exempt white-collar employee's PTO bank for absences due to personal reasons, accident, or illness, without causing the loss of the exempt status of the employee. Report Link Federal Court Rejects Overtime Claims By Outside Sales Representative.Jackson Lewis LLP - December 02, 2004 In a wage-hour case recently argued by Jackson Lewis LLP on behalf of a pest control company, the United States District Court for the Southern District of New York granted summary judgment in favor of the employer and dismissed a complaint seeking overtime compensation. Report Link Basics of the FLSA Minimum Wage and Overtime Requirements [PDF File].Piper Rudnick LLP - January 01, 2002 To stay compliant and avert FLSA liability, it is important that employers protect the status of exempt employees by avoiding the common mistake of making prohibited deductions from exempt employees’ salaries. Click Here For Article. Report Link Employees Who Spent Less Than Fifty Percent Of Time On Managerial Tasks Nonetheless Exempt Under FLSA [PDF File].O'Melveny & Myers LLP - October 01, 2001 The Ninth Circuit recently concluded that a husband and wife who managed a recreational vehicle park and spent less than fifty percent of their time on managerial duties were nonetheless “exempt” employees under the FLSA. Report Link 29 CFR 541.118 - Salary basis.Department of Labor - (No Date) This portion of the FLSA regulations deal with what it means to be paid "on a salary basis", which includes a discussion of making deductions for sickness and personal time.
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ArticlesFound: 14 ArticlesSUBTOPICS Employment Law Seminars
TOP TEN WAYS TO VIOLATE WAGE-HOUR LAWS
Sacramento
September 9, 2008 Shaw Valenza LLPUnlocking The Mystery Of Employee Privacy RightsLos Angeles
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsCosta Mesa
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSacramento
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSan Francisco
2008-9-9 Jackson Lewis LLPEmployee vs. ContractorColumbia
September 9, 2008 Nexsen PruetEmployee Free Choice Act: Labor’s Attack on Your Employees’ Right to ChooseOnline
September 9, 2008 McGuire WoodsThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActStamford
2008-9-10 Jackson Lewis LLPHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSan Francisco
September 11, 2008 Shaw Valenza LLPEmployee vs. ContractorGreenville
September 11, 2008 Nexsen Pruet |
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