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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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How should we go about granting comp time?

We have a comp-time policy, but we’re encountering some pushback from employees. They believe that any time worked over eight hours qualifies for comp time. How should we determine the threshold for comp-time eligibility?

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Never manipulate pay or hours to avoid overtime

Tempted to play loose with the overtime rules to save money on labor? Bad idea. You will attract the Department of Labor’s attention.

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4 steps to rein in unauthorized overtime

According to the U.S. Department of Labor, “time spent doing work not requested by the employer, but still allowed, is generally hours worked.” And if nonexempt employees work—whether it’s authorized or not—you must pay them for their time. Here’s how to stop abuse of unauthorized overtime.

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Title alone doesn’t make ‘supervisor’ exempt from overtime

It’s up to employers to make sure exempt employees perform the genuine duties of an exempt employee. Simply calling someone a manager, executive, professional or highly compensated worker isn’t enough. Their job as performed must meet the test, too.

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Beware potential huge cost of small wage-and-hour mistakes

When employers don’t understand wage-and-hour laws such as the Fair Labor Standards Act—or worse, when they try to circumvent that law—they can find themselves on the hook for potentially costly penalties. Even relatively small violations can quickly add up.

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Can we set alternative schedules to avoid California’s overtime requirement?

We are a small business that provides temporary staffing to hospitals in California. California law requires paying overtime when employees work more than eight hours in a workday. A hospital to which we supply workers has asked us if our employees can work four 10-hour shifts with no overtime instead of five eight-hour shifts. Can we agree to the hospital’s request?

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Obey state & local wage-and-hour laws in addition to the federal FLSA

Many states and municipalities have wage-and-hour laws that go beyond the mandates of the federal Fair Labor Standards Act. The FLSA sets the floor for wage-and-hour rules, but states and cities are free to set standards that are more generous to employees.

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‘Right to disconnect’ might be next employee-protection trend

The smartphones we carry in our pockets and purses give us 24/7/365 access to work-related phone calls, emails and texts—which gives our bosses 24/7/365 access to us. Thus, many managers expect their employees to be available to instantly respond to questions or solve problems. That is taking a mental toll.

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Beware high fees associated with alternative pay methods

The Consumer Financial Protection Bureau has launched a lawsuit alleging that providers of wage-payment methods are charging exorbitant fees to workers who receive their pay via alternative means such as debit cards.

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Supreme Court’s employer-friendly ruling: FLSA classification standard is ‘preponderance of the evidence’

The High Court’s decision in E.M.D. Sales v. Carrera puts to rest fears of a sharp increase in Fair Labor Standards Act misclassification cases claiming employers didn’t take enough care when making decisions about employees’ exempt or nonexempt status.

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