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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Tag Archives: FLSA

December 1 Overtime Final Rule on Hold

Posted in Compliance, Policies & Notices, Wage & Hour, Worker Classifications

On November 22, the U.S. District Court for the Eastern District of Texas granted the request of 21 states to temporarily halt the effective date the U.S. Department of Labor’s Final Rule (“Final Rule”) raising the salary threshold to qualify for the white collar exemptions from minimum wage and overtime requirements from taking effect. Accordingly,… Continue Reading

Using Unpaid Interns May be Illegal

Posted in Uncategorized, Wage & Hour, Worker Classifications

As summer approaches, many companies will face the tempting invitation from students to work “for free” as interns.  While some companies may consider jumping at the chance to enhance their workforce without incurring the costs of compensation, health insurance and other benefits of being an employee, as the U.S. District Court for the Southern District… Continue Reading

Unpaid Interns: When Are They Permitted?

Posted in Compliance, Policies & Notices, Hiring, Wage & Hour, Worker Classifications

As summer internship season approaches, employers should carefully institute internship programs which comply with the requirements of the Fair Labor Standards Act (FLSA).  The Test. In the case of “for-profit” companies, unpaid internships must meet the strict criteria of the FLSA.  Specifically, as stated in U.S. Department of Labor’s (DOL) FLSA Fact Sheet #71 unpaid… Continue Reading

Three Myths About Who is “Exempt” and Who is “Non-Exempt”

Posted in Compliance, Policies & Notices, Miscellaneous Employment, Wage & Hour, Worker Classifications

Even the most sophisticated employer in the most intellectually demanding industry may misclassify its workers as “exempt” when they are, in fact “non-exempt.”  The increasing number of misclassification litigation is a sure sign that no one is completely immune from inadvertently misclassifying workers.  What exactly are the workers “exempt” from anyway?  The federal Fair Labor Standards… Continue Reading

Three Employment Claims to Avoid in 2012

Posted in Compliance, Policies & Notices, Hiring, Labor Relations, Miscellaneous Employment, Separations, Layoffs & Terminations, Supervisor Training, Wage & Hour

Most employment claims can be avoided by simply being aware of what the law requires.  Here are three recurring issues which plaintiffs’ class action attorneys and government agencies are targeting across the country and which can be easily avoided by taking action now. 1.  Misclassification of Workers as Independent Contractors The Internal Revenue Service (IRS)… Continue Reading