FMLA and Overtime

FMLA and Overtime

TIM GOULD – The tricky connection between FMLA and overtime If your company requires employees to work mandatory overtime, it’s important to factor those extra hours into your calculations when determining employees’ FMLA entitlement. And a recent court ruling provided a timely reminder of what can happen when employers fail to do so. That’s one of the key takeaways from Hernandez v. Bridgestone Americas Tire Operations. Mandatory overtime Some background: When employee Lucas Hernandez was working for Bridgestone, he took intermittent FMLA leave to care for his sick son. Just when he was close to exhausting leave, Hernandez volunteered for overtime shifts. Hernandez was then placed on the company’s OT schedule. That meant OT shifts were mandatory and if he missed any, his absence would be treated like any other absence under Bridgestone policy. After Hernandez missed several OT shifts for an FMLA-qualifying reason – caring for his sick son – Bridgestone said he exhausted his FMLA leave. The company then fired him for having too many unexcused absences. Hernandez responded with an FMLA interference lawsuit. Where the company went wrong How did the court rule? The court ordered Bridgestone to shell out $76,318 after it was found guilty of FMLA interference. What did Bridgestone do wrong? Even though the company included the mandatory overtime as FMLA time used, it didn’t include the overtime hours when calculating his leave entitlement. And that’s a requirement under the FMLA when mandatory overtime is part of the equation. More than 40 hours Under the FMLA, if an employee’s normal workweek includes mandatory overtime, he or she is entitled to more than the...
FLSA Overtime Rule Resources

FLSA Overtime Rule Resources

Everything HR professionals need to know about the FLSA overtime exemption rule The U.S. Department of Labor (DOL) published monumental changes to the overtime rule that will make approximately 4.2 million currently exempt employees eligible for overtime pay later this year. Exempt employees, because of their rate of pay and type of work that they do, are not eligible for overtime pay for hours worked over 40 in a workweek. Nonexempt employees must be paid time and a half for any hours worked over 40 in a workweek. All employers will have to comply with the changes made to the overtime regulations of the Fair Labor Standards Act (FLSA) by Dec. 1, 2016. You can learn more about the overtime rule changes and how to implement them within your organization using the content and tools below: What Is The New FLSA Overtime Rule? The rule extends overtime protections to 4.2 million workers who are not currently eligible under federal law. Workers who do not earn at least $47,476 a year ($913 a week) will have to be paid overtime, even if they’re classified as a manager or professional. The Department of Labor will increase the salary threshold every three years. Based on current projections, the salary threshold is expected to rise to more than $51,000 with its first update on January 1, 2020. Employers must comply with the new regulations by December 1, 2016. Full Coverage: Overtime Rule Issued; Increase Every Three Years Included TLP, The Law Partners – Labor & Employment Law...
Virtual Job Fairs?

Virtual Job Fairs?

Virtual Job Fairs Can Increase Quantity, Quality of Candidates! By Marc Gutman Increasing the quality and quantity of job applicants is an ever-constant challenge for today’s HR pros. Effective recruiting is essential to a company’s success more than ever. As the world around us continues to move to a more virtual space, so do job applicants. The good news is that virtual career fairs allow HR teams to rise to the challenge, meet applicants where they are, and increase the quantity and quality of applicants—ensuring a competitive advantage. Five Reasons HR Should Consider Virtual Job Fairs Wider Reach/Better Sourcing. Stacking a company’s pipeline with top talent is becoming more competitive and is critical to its success. Virtual recruiting provides global reach and enables a company to be where the talent is. In a joint virtual career fair hosted by Regulatory Affairs Professional Society (RAPS) with multiple sponsors, each sponsor received, on average, 750 recruits. Big Cost Savings/Improved ROI. Virtual recruiting platforms enable a company to decrease the cost of acquiring employees by reducing their reliance on agencies, advertising, and travel. They also are easy to set up and have a lower total cost per hire as compared to other solutions. KPMG, for example, leveraged virtual HR to reduce hiring costs by almost $2,000 per new hire, saving them more than $600,000 in one year. Strengthens Brand. Employees want to work with companies that embrace new technology and have an edge. Virtual recruiting allows a company to put its best foot forward with a polished image and gives candidates a feel for the company’s culture and work environment. During another...
21 States File Emergency Motion to Bar FLSA Overtime Rule

21 States File Emergency Motion to Bar FLSA Overtime Rule

(Allen Smith, J.D.) If legislation challenging the overtime rule fails, this could be a last-ditch effort to block it… Twenty-one states, led by Nevada and Texas, on Oct. 12 filed an emergency motion to temporarily bar the overtime rule—judicial action that Robert Boonin, an attorney with Dykema in Detroit, called “the last hope for the employer community” to block the rule. Some legal experts think the motion is, like the legislative proposals to delay or phase in implementation of the rule, a long shot. But not Mark Terman, an attorney with Drinker Biddle & Reath in Los Angeles. “The chances that the motion will be granted are relatively good in my view,” he said. “Trial courts tend to rule on the side of preserving the status quo.” He cautioned, however, that “employers should still prepare to comply with the rule in case the injunction is not granted.” “Time is running out and if an injunction is not issued before Dec. 1, the new rules will go into effect and employers will have to conform to them,” Boonin said. Many employers are implementing their new pay structures a week before Dec. 1, he noted, so they will be harmed if an injunction is not issued by mid-November. Salary-Level Test, Indexing Challenged In the states’ motion, filed in their challenge of the overtime rule, they argued that the Fair Labor Standards Act (FLSA) does not authorize either the salary-level test or the rule’s triennial automatic increase of the salary threshold. The overtime rule raised the salary threshold for exempt employees from $23,660 to $47,476 and provided for a triennial automatic increase...
HR managers, comments like this? And get Sued.

HR managers, comments like this? And get Sued.

A federal court is letting a job candidate’s age discrimination lawsuit stand, even though the employer never hired anyone for the position. Why? Because of what a manager said during the interview. It all happened at Detroit Baptist Manor, a retirement community, where Frank Branham, 67, applied for a general maintenance position. Branham interviewed with Paul Doelle, the director of operations who was in charge of hiring maintenance employees. Branham claims that during the interview, Doelle said he: “was not looking to hire anyone at [Branham’s] age because he had enough staff that was 40 or 50-year-old guys. He needed younger men that can be able to climb ladders and get on the roof.” Doelle admitted to saying as much. Granted, that certainly sounds like clear-cut grounds for an age discrimination lawsuit … that is until you throw in this little fact: Detroit Baptist Manor didn’t hire a person younger than Branham to fill the position Branham applied for. In fact, it didn’t hire anyone for the position. Age discrimination lawsuit to proceed. Still, Branham filed an age discrimination lawsuit against the retirement community. The community then tried to get the lawsuit thrown out on summary judgment. It argued it didn’t hire anyone over Branham and there wasn’t even an open position for a maintenance worker at the time (there’s some contention about whether Branham was told there was an actual opening). Therefore, according to Detroit Baptist Manor, Branham’s age couldn’t have played a part in why he wasn’t hired. But the court sided with Branham. It said a jury could infer from Doelle’s comment that the reason Branham...
Rite Aid and Applicants’ Rights

Rite Aid and Applicants’ Rights

It’s becoming more and more common for retailers and other businesses to carry out background checks when hiring new employees. Retailers, increasingly cautious following 9/11, now routinely check applicants’ criminal records, past employment, and even request statements from friends and family to vouch for a person’s character. The process has spawned a vast and lucrative business, although background check companies collect and provide information to retailers with sometimes questionable accuracy. More than half of the United States’ 100 largest companies use the same services, and a negative report from a previous employer can stop an individual’s job application in its tracks – whether the report is true or not. Rite Aid is facing a class action lawsuit currently accusing the company of violating the Fair Credit Reporting Act by using consumer reports as part of its background checks without supplying applicants with a copy, or offering them a chance to refute the reports. Lead plaintiff Kyra Moore alleges that the company uses reports generated by LexisNexis, detailing past incidents of retail theft, and often takes action based upon the content without allowing applicants to state their case. As part of the complaint, plaintiffs designated the case as related to a similar suit from May 2011, which again accused LexisNexis of violating FCRA regulations. Rite Aid recently attempted to have this designation struck. A Pennsylvania judge ruled, however, to dismiss the company’s request. U.S. District Judge Jan DuBois, denying the company’s motion, ruled that “the cases are related because the harm alleged to have been sustained by both putative classes stems from the same facts — the use of LexisNexis’...
HR Tech World & Smart Partner’s Smart Suite

HR Tech World & Smart Partner’s Smart Suite

HR Tech World & Smart Partners’s Smart Suite – Starts today, Oct 6th! Visit Smart Partners & Smart HR Suite of services master booth 3405… “We are thrilled and excited to bring HR Tech World to San Francisco,” said Marc Coleman, CEO of HRN. “Following 5 years successfully disrupting a saturated events industry in London, Paris and Amsterdam, HRN is activating HR Tech World’s newest home and location – San Francisco. Organizations continue to search for new, better and faster as they look to add real value. People are looking for innovation that is authentic and real, for technology that works, but it’s more than that, it’s how do you successfully Unleash Your People? HRN look forward showcasing the latest innovations to enable that success.” HR Tech World will gather the Who’s Who of the industry – vendors, global media, disruptHR’s, visionaries, and doers from all over the world – to share ideas on how to transform their organizations, identify the best technologies and ways to apply them for maximum impact and increased value. Companies at HR Tech World in 2015 represented over 12 trillion USD in combined revenues. Endorsed by visionary leaders including Sir Richard Branson, Rachel Botsman, Gary Hamel and Dan Pink, and described as the fastest growing HR events in the world. For 5 consecutive years SAP SuccessFactors, Oracle and Workday, considered the big three of the HCM software market, have each been lead sponsors – the only show in the world to earn this endorsement.  ...