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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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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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It’s not just the FLSA—monitor and comply with state and local wage-and-hour laws, too

The federal Fair Labor Standards Act isn’t the only wage-and-hour law employers must honor. Many states and municipalities have their own laws that are just as binding. Ignoring them can spell big trouble.

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Prepare for Trump administration’s impact on DOL

With each change in administration, there’s a change in how federal agencies operate. When President-elect Trump takes office Jan. 20, expect rapid change at the U.S. Department of Labor.

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California’s new independent contractor law suggests best classification practices

California arguably has the most restrictive independent contractor rules of all. Following them means you likely will pass any of the less stringent tests with flying colors.

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DOL appeals overtime decision and injunction

The Department of Labor has appealed a ruling by a federal judge in Texas that overturned the Biden administration’s rule that would have made some 4 million more white-collar workers eligible for overtime pay.

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A hard day’s work deserves a fair day’s pay

It sounds Dickensian—some employees with disabilities working under so-called Section 14(c) certificates earn $1 or less an hour. The Department of Labor wants to end this practice. New proposed regulations would, if finalized, phase out these certificates, so employees with disabilities would need to be paid at least the minimum wage.

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