W. Garnett & Associates: Human Capital Management Solutions » FLSA. Exempt http://wgarnett.com Human Capital Management Solutions For The REAL World Mon, 23 Jan 2012 16:00:42 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 The DOL Has Recruited Allied States To Reduce Worker Misclassification http://wgarnett.com/wes-blog/the-dol-has-recruited-allied-states-to-reduce-worker-misclassification/ http://wgarnett.com/wes-blog/the-dol-has-recruited-allied-states-to-reduce-worker-misclassification/#comments Fri, 23 Dec 2011 16:14:47 +0000 wgarnett http://wgarnett.com/?p=4459 Company’s should audit their agreements on exempt employees and independent contractors to address any misclassification issues.  On December 5, 2011, the Colorado Department of Labor and Employment (CDLE) and the U.S. Department of Labor’s (DOL) Wage and Hour Division signed a memorandum of understanding regarding the improper classification of employees as independent contractors.

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]]> http://wgarnett.com/wes-blog/the-dol-has-recruited-allied-states-to-reduce-worker-misclassification/feed/ 0 How to avoid FLSA Class Action Lawsuits http://wgarnett.com/wes-blog/how-to-avoid-flsa-class-action-lawsuits/ http://wgarnett.com/wes-blog/how-to-avoid-flsa-class-action-lawsuits/#comments Sat, 03 Dec 2011 17:51:41 +0000 wgarnett http://wgarnett.com/?p=4416 Does your organization know the difference between the employee classifications? Many companies don’t understand when to properly classify employees as exempt versus non-exempt, and consequently whether to pay overtime. Most think all you have to do to avoid paying overtime is make an agreement with the employee to pay them on a salary basis. While a salary basis test is part of the requirement to make an employee exempt from overtime, that is just a small part of the analysis. Startups are particularly susceptible to this, as staffing is constantly in flux, employees work long hours, and entrepreneurs are still learning the ropes as they go.

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]]> http://wgarnett.com/wes-blog/how-to-avoid-flsa-class-action-lawsuits/feed/ 0 Fair Labor Standard Act Hits a Texas Restaurant with Fines http://wgarnett.com/wes-blog/fair-labor-standard-act-hits-a-texas-restaurant-with-fines/ http://wgarnett.com/wes-blog/fair-labor-standard-act-hits-a-texas-restaurant-with-fines/#comments Sat, 03 Dec 2011 17:23:18 +0000 wgarnett http://wgarnett.com/?p=4412 FLSA is an area of employment that every business has to understand for compliance sake.  According to a U.S. Department of Labor press release, Darden Restaurants Inc., doing business as Red Lobster in Lubbock, has agreed to pay $27,427 in back wages after an investigation by the U.S. DOL’s Wage and Hour Division found that 109 current and former servers were not properly paid as required by the Fair Labor Standards Act. The company also has been assessed $23,980 in civil money penalties to be paid to the government. Red Lobster in Lubbock is a full-service restaurant, employing approximately 82 workers.

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]]> http://wgarnett.com/wes-blog/fair-labor-standard-act-hits-a-texas-restaurant-with-fines/feed/ 0 Decatur Mexican Restaurants Liable For Back Wages and Damages http://wgarnett.com/wes-blog/decatur-mexican-restaurants-liable-for-back-wages-and-damages/ http://wgarnett.com/wes-blog/decatur-mexican-restaurants-liable-for-back-wages-and-damages/#comments Mon, 20 Jun 2011 14:05:48 +0000 wgarnett http://wgarnett.com/?p=4355 Are you aware of what you are paying your employees and when? A federal judge in Urbana has ordered Dolores Onate, owner, and Ricardo Onate, manager, of the El Matador Inc. and El Caporal Inc. restaurants in Decatur to pay a total of $1,149,702.50 in back wages and damages to 64 workers employed as servers and kitchen staff. This judgment resolves a lawsuit filed by the U.S. Department of Labor following an investigation by its Wage and Hour Division that disclosed willful violations of the minimum wage, overtime pay and record-keeping provisions of the Fair Labor Standards Act at three locations.  Ownership and management has to be aware of the regulations the govern FLSA.

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]]> http://wgarnett.com/wes-blog/decatur-mexican-restaurants-liable-for-back-wages-and-damages/feed/ 0 Auditing Your Wage and Hour Compliance http://wgarnett.com/wes-blog/auditing-your-wage-and-hour-compliance/ http://wgarnett.com/wes-blog/auditing-your-wage-and-hour-compliance/#comments Sat, 16 Apr 2011 15:04:18 +0000 wgarnett http://wgarnett.com/?p=4147 Businesses should give consideration to auditing their wage and hour compliance on a regular basis.  What can your organization do to get ahead of this massive mobilization? The most effective course is to conduct an internal audit before the DOL shows up at your door. An audit will enable an employer to identify compliance concerns and change any practices that might present an unacceptable risk of liability.  If you are interested in reading more about wage and hour compliance link to the full article below.

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Human Capital Management
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]]> http://wgarnett.com/wes-blog/auditing-your-wage-and-hour-compliance/feed/ 0 Exempt vs. Nonexempt: Most Confusing Wage/ Hour Issue http://wgarnett.com/wes-blog/exempt-vs-nonexempt-most-confusing-wage-hour-issue/ http://wgarnett.com/wes-blog/exempt-vs-nonexempt-most-confusing-wage-hour-issue/#comments Mon, 14 Feb 2011 15:11:34 +0000 wgarnett http://wgarnett.com/?p=4061 Determining whether employees are exempt or nonexempt is the most confusing wage and hour issue, according to a recent BLR poll. While this area of employment law is complex, it’s important for employers to make sure they are classifying workers correctly, especially given the rise in wage and hour claims.

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Human Capital Management
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]]> http://wgarnett.com/wes-blog/exempt-vs-nonexempt-most-confusing-wage-hour-issue/feed/ 0 Your Company’s Compliance With Wage/Hour? Not Likely http://wgarnett.com/wes-blog/your-companys-compliance-with-wagehour-not-likely/ http://wgarnett.com/wes-blog/your-companys-compliance-with-wagehour-not-likely/#comments Sun, 30 Jan 2011 16:00:23 +0000 wgarnett http://wgarnett.com/?p=4046 DOL recently announced that it will change dramatically how it regulates employers’ compliance with certain federal laws. Within the next year, it will issue regulations requiring employers to take affirmative steps to ensure compliance with federal wage-and-hour, safety, and anti-discrimination laws.

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]]> http://wgarnett.com/wes-blog/your-companys-compliance-with-wagehour-not-likely/feed/ 0 How to Avoid Wage and Hour Legal Action http://wgarnett.com/wes-blog/how-to-avoid-wage-and-hour-legal-action/ http://wgarnett.com/wes-blog/how-to-avoid-wage-and-hour-legal-action/#comments Sun, 30 Jan 2011 15:38:44 +0000 wgarnett http://wgarnett.com/?p=4035 Wage and hour compliance is one of the hot button words for the company in 2010 with the promise of increased inspections and fines is the Internal Revenue Service (IRS) and the Department of Labor (DOL). This does not apply to state or local tax agencies, which also intensified its efforts in this area can. It ‘been reported that non-governmental wage settlements in 2009 and 44% more than in 2008, he grew up. For an application under the Federal Fair Labor Standards Act (FLSA) broughtAction for compensation amounts increased from $ 253,000,000 in 2008 to 364 million U.S. dollars in 2009. Below are some problem areas and wages, the court proceedings have historically done and continue to employers for a litigation quagmire.

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]]> http://wgarnett.com/wes-blog/how-to-avoid-wage-and-hour-legal-action/feed/ 0 Tracking Time Off Can Be a Human Resource Problem http://wgarnett.com/wes-blog/tracking-time-off-can-be-a-human-resource-problem/ http://wgarnett.com/wes-blog/tracking-time-off-can-be-a-human-resource-problem/#comments Mon, 24 Jan 2011 15:19:00 +0000 wgarnett http://wgarnett.com/?p=4010 Many landscapers severely underestimate the scope, complexity and financial impact of employee leaves of absence. Depending upon the size of the company and the state(s) in which it conducts business, there could be 15-20 different types of employee leaves of absence that must be communicated, documented and managed to remain legally compliant. Failure to maintain compliance can produce significant legal costs to the company, and in several cases, financial costs can even be applied against the employer’s personal assets.

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]]> http://wgarnett.com/wes-blog/tracking-time-off-can-be-a-human-resource-problem/feed/ 0 Wage and Hour Compliance – What Are YOU Doing About It? http://wgarnett.com/wes-blog/wage-and-hour-compliance-what-are-you-doing-about-it/ http://wgarnett.com/wes-blog/wage-and-hour-compliance-what-are-you-doing-about-it/#comments Mon, 29 Nov 2010 14:45:34 +0000 wgarnett http://wgarnett.com/?p=3967 70% of employers are routinely violating wage and hour laws, according to estimates by the Department of Labor. Hyperbole? Maybe. But maybe not, when you consider that the Wage and Hour Division’s recovery of back wages for Fiscal Years 2001 through 2008 was a staggering $1.4 billion.

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