Time and Attendance News > December, 2013

Should your health care company use the '8 and 80' employee time system?

Although the Fair Labor Standards Act mandates a seven-day workweek for the purposes of computing employee overtime, one major exception exists for hospitals and other facilities providing residential care for mentally challenged, sick and elderly populations.

Duties for exempt administrative employees must meet standards

Employee attendance isn't tracked as closely for salaried administrative employees as it is for hourly workers. As long as administrators show up and successfully perform their duties, employers don't have to track hours worked to manage things like overtime.

Know when to pay non-exempt employees for training and learning opportunities

Knowing when to pay for employee attendance at training events, seminars and speaking engagements can keep businesses from spending too much on payroll as well as running afoul of the Fair Labor Standards Act.

Follow meal break regulations to ensure FLSA compliance

Meal breaks are a unique part of the Fair Labor Standards Act. They aren't required under the law, but are regulated if provided by employers.

Should your health care company use the '8 and 80' employee time system?

Although the Fair Labor Standards Act mandates a seven-day workweek for the purposes of computing employee overtime, one major exception exists for hospitals and other facilities providing residential care for mentally challenged, sick and elderly populations.

Compensating employees traveling as passengers

Making sure hourly employees are properly paid has become more difficult as technology has made working from home and during a commute much more feasible.

Duties for exempt administrative employees must meet standards

Employee attendance isn't tracked as closely for salaried administrative employees as it is for hourly workers. As long as administrators show up and successfully perform their duties, employers don't have to track hours worked to manage things like overtime.

Know when to pay non-exempt employees for training and learning opportunities

Knowing when to pay for employee attendance at training events, seminars and speaking engagements can keep businesses from spending too much on payroll as well as running afoul of the Fair Labor Standards Act.

Compensating employees traveling as passengers

Making sure hourly employees are properly paid has become more difficult as technology has made working from home and during a commute much more feasible.

Follow meal break regulations to ensure FLSA compliance

Meal breaks are a unique part of the Fair Labor Standards Act. They aren't required under the law, but are regulated if provided by employers.

Compensatory time maximums may lead to payouts

A Louisiana parish is trying to determine how to deal with compensatory time accumulated by its employees.

WV man sues former employer over FLSA violations

A former employee at a technology company in West Virginia has filed suit against his previous employer, alleging time and attendance violations and the infliction of emotional distress.

VT health care exchange employees forced to work overtime

Vermont is requiring public employees performing duties related to the state's health insurance exchange to work long hours for the rest of the year.

Compensatory time maximums may lead to payouts

A Louisiana parish is trying to determine how to deal with compensatory time accumulated by its employees.

WV man sues former employer over FLSA violations

A former employee at a technology company in West Virginia has filed suit against his previous employer, alleging time and attendance violations and the infliction of emotional distress.

Overtime case for oil workers disputed

A floating workweek and alleged improper employee attendance tracking are at the heart of legal action taken against a company operating in the economically robust North Dakota oil fields.

VT health care exchange employees forced to work overtime

Vermont is requiring public employees performing duties related to the state's health insurance exchange to work long hours for the rest of the year.

Public officials can be personally liable for FLSA violations

A recent ruling by the Kansas Court of Appeals found that public officials can face personal liability issues when the Fair Labor Standards Act is violated.

Homecare workers compensated for lost wages

A number of homecare workers in San Francisco received checks for back pay.

Overtime case for oil workers disputed

A floating workweek and alleged improper employee attendance tracking are at the heart of legal action taken against a company operating in the economically robust North Dakota oil fields.

Public officials can be personally liable for FLSA violations

A recent ruling by the Kansas Court of Appeals found that public officials can face personal liability issues when the Fair Labor Standards Act is violated.

Employer intent for exempt workers is crucial

A lawsuit filed against a major food producer and distributor by a former outside sales employee highlights the need for businesses to clearly state intent for workers as well as track time and attendance.

Chicago-based construction company violates labor laws

A construction company in the northwest suburbs of Chicago agreed to pay back wages to employees after an investigation from the U.S. Department of Labor.

Don't let non-exempt employees work off the clock

Exempt, salaried employees are often expected to check their company email even when they're not in the office. However, non-exempt workers who feel a need to deal with work email off the clock may create issues for their employers.

Chicago-based construction company violates labor laws

A construction company in the northwest suburbs of Chicago agreed to pay back wages to employees after an investigation from the U.S. Department of Labor.

Don't let non-exempt employees work off the clock

Exempt, salaried employees are often expected to check their company email even when they're not in the office. However, non-exempt workers who feel a need to deal with work email off the clock may create issues for their employers.

Mass. nurses say clerical work isn't paid for by hospital

A group of nurses in Massachusetts is suing a local hospital system over claims of inaccurately tracked time and attendance.

How youth workers are covered by the DOL for the holidays

Employees working seasonal positions for retailers, restaurants and other companies are regulated just like all other employees of a business.

Mass. nurses say clerical work isn't paid for by hospital

A group of nurses in Massachusetts is suing a local hospital system over claims of inaccurately tracked time and attendance.

How youth workers are covered by the DOL for the holidays

Employees working seasonal positions for retailers, restaurants and other companies are regulated just like all other employees of a business.

Electronic health record company faces overtime suit

As many as 1,000 current and former employees of a Wisconsin-based health records company may be entitled to previously unpaid overtime.

Fla-based spa pays back wages for FLSA violations

A spa and resort located in Tampa Bay, Fla. agreed to paid more than $30,000 in back wages to 37 employees.

Long Island sushi restaurants forced to pay $261K in back wages

Two Long Island sushi restaurants found to have improperly tracked employee time, withheld overtime pay and enforced an illegal tip pool were required to pay 70 affected employees a total of $261,887.

Illinois governor signs pension bill

Illinois Governor Pat Quinn signed a pension bill into law on Nov. 5 in an effort to restore the state economy.

NM tearoom ordered to pay missed wages, overtime

A tearoom in New Mexico has been accused of improperly tracking employee time, tips and wages in a lawsuit filed by the U.S. Department of Labor.

National restaurant chain argues against FLSA violation claim

A Fair Labor Standards Act suit filed by a former chef is being argued by the company that released him.

Illinois governor signs pension bill

Illinois Governor Pat Quinn signed a pension bill into law on Nov. 5 in an effort to restore the state economy.

Keep interns, employees separate to ensure FLSA compliance

Cases of private-sector, unpaid interns suing companies because they believe they have performed work duties are on the rise, according to The National Law Review.

Minimum wage in Seattle-area close to hitting $15 per hour

A small city near Seattle has moved closer to offering the highest minimum wage in the nation after a contested vote.

Calif. baseball team forced to pay back club employees

The U.S. Department of Labor determined that a professional baseball team in California engaged in improper employee tracking and classification.

NM tearoom ordered to pay missed wages, overtime

A tearoom in New Mexico has been accused of improperly tracking employee time, tips and wages in a lawsuit filed by the U.S. Department of Labor.

National restaurant chain argues against FLSA violation claim

A Fair Labor Standards Act suit filed by a former chef is being argued by the company that released him.

Payrolls, spending, home values increase

The latest available information on U.S. economic indicators shows positive growth across the board.

Minimum wage in Seattle-area close to hitting $15 per hour

A small city near Seattle has moved closer to offering the highest minimum wage in the nation after a contested vote.

Calif. baseball team forced to pay back club employees

The U.S. Department of Labor determined that a professional baseball team in California engaged in improper employee tracking and classification.

Sushi restaurant illegally docks worker tips

A sushi restaurant in Pennsylvania agreed to pay former workers illegally withheld tips

Washington D.C., states taking steps to raise minimum wages

Washington, D.C. is on pace to have the highest minimum wage in the nation due to a recent decision to raise the city's base pay rate to $11.50 per hour by 2016.

Grocery store ownership change in Chicago means more employee tracking needed

With a grocery chain leaving the Chicago market and a competitor buying some of the soon-to-be-gone company's former locations, accurate time and attendance software will be at a premium.

Breakfast chain wants more tip sharing amongst employees

A national coffee-and-breakfast restaurant company has helped push discussion of revising employee tip-sharing rules into the Massachusetts Senate.

FLSA misconceptions: what the act does not regulate or require

While the Fair Labor Standards Act lays out requirements for a broad range of employment-related issues, there are some items it doesn't cover, according to the U.S. Department of Labor.

New labor laws coming in California affect time and attendance

California has a plethora of new work laws taking effect in 2014 and employers need to be in the know to make sure their employee management software is up to date.

Overtime exemptions don't apply to all salespeople

While the Fair Labor Standards Act provides a number of exemptions for the payment of overtime to sales workers, employers may still have a liability for extra pay.

US border patrol labor group pushes for streamlined overtime system

Because of continuing problems with the U.S. Border Patrol's employee tracking of a form of overtime, the leader of the organization's union is asking for changes that would amount to a reduction in pay for most officers.

TX financial services company sued for owed overtime

A Texas bank holding company is accused of withholding overtime pay by an employee who was with the business for nearly 15 years.

Grocery store ownership change in Chicago means more employee tracking needed

With a grocery chain leaving the Chicago market and a competitor buying some of the soon-to-be-gone company's former locations, accurate time and attendance software will be at a premium.

Breakfast chain wants more tip sharing amongst employees

A national coffee-and-breakfast restaurant company has helped push discussion of revising employee tip-sharing rules into the Massachusetts Senate.

TX financial services company sued for owed overtime

A Texas bank holding company is accused of withholding overtime pay by an employee who was with the business for nearly 15 years.

US unemployment figure continues to drop

Employee clocks are getting more use in the U.S. as the unemployment rate continues to fall.

Employee tracking now a must for all live-in care workers

Recent changes to labor regulations for in-home domestic and care workers means accurate employee management software will be more necessary for their third-party employers.

Overtime exemptions don't apply to all salespeople

While the Fair Labor Standards Act provides a number of exemptions for the payment of overtime to sales workers, employers may still have a liability for extra pay.

Sushi restaurant illegally docks worker tips

A sushi restaurant in Pennsylvania agreed to pay former workers illegally withheld tips

Fast food workers hold national demonstrations for higher wages

Demonstrators in New York City, Detroit and Atlanta have already made their voices heard in a continuing effort to make employee time worth more in the fast food industry.

Washington D.C., states taking steps to raise minimum wages

Washington, D.C. is on pace to have the highest minimum wage in the nation due to a recent decision to raise the city's base pay rate to $11.50 per hour by 2016.

US border patrol labor group pushes for streamlined overtime system

Because of continuing problems with the U.S. Border Patrol's employee tracking of a form of overtime, the leader of the organization's union is asking for changes that would amount to a reduction in pay for most officers.

FLSA misconceptions: what the act does not regulate or require

While the Fair Labor Standards Act lays out requirements for a broad range of employment-related issues, there are some items it doesn't cover, according to the U.S. Department of Labor.

Employee tracking now a must for all live-in care workers

Recent changes to labor regulations for in-home domestic and care workers means accurate employee management software will be more necessary for their third-party employers.

New labor laws coming in California affect time and attendance

California has a plethora of new work laws taking effect in 2014 and employers need to be in the know to make sure their employee management software is up to date.

NC paramedics lose part-time positions in overtime confusion

Emergency medical responders in Rutherford County, N.C. can no longer work part-time positions on local rescue crews because of their full-time employment with county-level EMS providers.

Waiter sues TX restaurant over lack of opportunities for tips

A waiter has filed a lawsuit against a Texas restaurant that he claims prevented him from earning tips.

Eleventh hour agreement at NH nuclear plant lets union members keep working

Managers and union representatives at a nuclear power plant in New Hampshire agreed to terms of a new contract in the last day before a lockout involving significant numbers of employees would have gone into effect.

Employee tracking of East Haven, CT police shows 700+ overtime shifts

Police officers in East Haven, Conn. accumulated more than $600,000 in overtime pay since July 1.

Waiter sues TX restaurant over lack of opportunities for tips

A waiter has filed a lawsuit against a Texas restaurant that he claims prevented him from earning tips.

Common employer problems with time, attendance and hours worked

While the U.S. Department of Labor provides clear documentation of its various policies, the many different standards for hours worked, wages and more can become confusing. Here are three common problems mentioned by the department.

Eleventh hour agreement at NH nuclear plant lets union members keep working

Managers and union representatives at a nuclear power plant in New Hampshire agreed to terms of a new contract in the last day before a lockout involving significant numbers of employees would have gone into effect.

Employee tracking of East Haven, CT police shows 700+ overtime shifts

Police officers in East Haven, Conn. accumulated more than $600,000 in overtime pay since July 1.

Ill. labor union, county employer reach agreement

A late-night agreement by labor leaders and public employees in Will County, Ill., on Dec. 4 put an end to a general strike that had entered its third week.

NC paramedics lose part-time positions in overtime confusion

Emergency medical responders in Rutherford County, N.C. can no longer work part-time positions on local rescue crews because of their full-time employment with county-level EMS providers.

Comp. time payout costs Ala. county more than $20,000

Alabama's Lawrence county is paying a group of seven employees a total of about $22,500 to clear up issues with comp time.

Common employer problems with time, attendance and hours worked

While the U.S. Department of Labor provides clear documentation of its various policies, the many different standards for hours worked, wages and more can become confusing. Here are three common problems mentioned by the department.

Comp. time payout costs Ala. county more than $20,000

Alabama's Lawrence county is paying a group of seven employees a total of about $22,500 to clear up issues with comp time.

Hospital management, staff take furloughs, lose vacation to keep operations normal

Top-level staff at a Montana hospital are taking furlough days and all hospital employees are foregoing earned vacation time to keep services functioning at 100 percent.

Court ruling could extend 'employer' classification to CEOs

Another powerful reason to maintain proper employee tracking software and records recently came from a decision by the US Court of Appeals for the Second Circuit, which ruled that the CEO of a New York City grocery chain can be held liable for violations of the Fair Labor Standards Act.

Improper time and attendance tracking costs Calif. car wash six-figure judgment

A car wash in Santa Monica, Calif. was recently ordered by the Los Angeles County Superior Court to pay back 75 workers for wage and labor violations after employee time was willfully miscalculated and sometimes totally ignored.

Cities big and small face police overtime issues

City officials in Ypsilanti, Mich. are considering a significant raise in the city's police overtime budget, bringing the total figure from $350,000 to $450,000.

Employers Should Use FLSA Administration Exception with Caution

Many employers would do well to conduct a self-audit of the jobs classified as FLSA non-exempt. Courts construe the administrative exception more narrowly than many employers do. The safe position is if in doubt, make the position non-exempt.

DOL fines Calif. restaurant owners for wage theft

The Department of Labor fined the two owners of an Ukiah, Calif. Thai restaurant.

Court ruling could extend 'employer' classification to CEOs

Another powerful reason to maintain proper employee tracking software and records recently came from a decision by the US Court of Appeals for the Second Circuit, which ruled that the CEO of a New York City grocery chain can be held liable for violations of the Fair Labor Standards Act.

Improper time and attendance tracking costs Calif. car wash six-figure judgment

A car wash in Santa Monica, Calif. was recently ordered by the Los Angeles County Superior Court to pay back 75 workers for wage and labor violations after employee time was willfully miscalculated and sometimes totally ignored.

Employers Should Use FLSA Administration Exception with Caution

Many employers would do well to conduct a self-audit of the jobs classified as FLSA non-exempt. Courts construe the administrative exception more narrowly than many employers do. The safe position is if in doubt, make the position non-exempt.

DOL fines Calif. restaurant owners for wage theft

The Department of Labor fined the two owners of an Ukiah, Calif. Thai restaurant.

Mass. groups advocate more pay for employee time

Community activists in Massachusetts, including labor organizations and church groups, are advocating for a raise to the state's minimum wage.

Cities big and small face police overtime issues

City officials in Ypsilanti, Mich. are considering a significant raise in the city's police overtime budget, bringing the total figure from $350,000 to $450,000.

Mass. groups advocate more pay for employee time

Community activists in Massachusetts, including labor organizations and church groups, are advocating for a raise to the state's minimum wage.

Fast-food workers prepare large scale strike

Activists are sponsoring one-day strikes in 100 cities on Dec. 5, as well as protest activities in another 100 cities.

CA county fair employees win back ability to earn overtime

Employee clocks will once again register overtime at the Sonoma, Calif. country fair, following a civil but animated back-and-forth discussion between organizers and workers.

Employee time and classification regulations face changes on Capitol Hill

The wrongful classification of workers as independent contractors is drawing attention from federal legislators, who claim that the practice costs citizens millions of dollars because of improper employee tracking.

Fast-food workers prepare large scale strike

Activists are sponsoring one-day strikes in 100 cities on Dec. 5, as well as protest activities in another 100 cities.

CA county fair employees win back ability to earn overtime

Employee clocks will once again register overtime at the Sonoma, Calif. country fair, following a civil but animated back-and-forth discussion between organizers and workers.

Employee time and classification regulations face changes on Capitol Hill

The wrongful classification of workers as independent contractors is drawing attention from federal legislators, who claim that the practice costs citizens millions of dollars because of improper employee tracking.

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