HR-OneSource

Volume 7 - Issue 2

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Human Resource Services

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- Information About Our Staff

The information provided herein is general in nature and designed to serve as a guide to understanding. These materials are not to be construed as the rendering of legal or management advice.

Inside this Issue:

Are Coffee Shop Managers Exempt From the FLSA?

 

A Starbuck’s coffee shop claimed that two of its managers were exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).  The managers claimed that most of their time (70 percent to 80 percent) was spent on routine tasks such as pouring coffee, waiting on customers, cleaning up, and performing many of the same tasks handled by non-management employees.

 

The store managers were the highest-ranking employees in their stores and supervised as many as 30 employees, including assistant managers and shift supervisors.  The managers also were responsible for increasing revenues, controlling costs, and ensuring compliance with corporate policies.  While acknowledging that they exercised some managerial authority, the two managers claimed that they were “glorified baristas” who should not be considered executive employees under the DOL regulations.

 

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Wage and Hour Collects $172 Million in Back Wages for over 246,000 Employees in Fiscal Year 2006

 

Wage and Hour Division (WHD) of the Department of Labor recovered more than $171.5 million in back wages for over 246,000 employees in fiscal year 2006.  Back wage collections represent a 3.6 percent increase over back wages collected in fiscal year 2005.  The number of workers who received back wages in fiscal year 2006 increased by 2.3 percent over the number receiving back wages in fiscal year 2005.  The agency concluded 31,987 compliance actions and assessed nearly $7.9 million in civil money penalties.

 

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Family and Medical Leave Act Enforcement

 

The number of Family and Medical Leave Act (FMLA) complaint investigations concluded in fiscal year 2006 declined slightly from investigations concluded in fiscal year 2005.  The number of violation cases declined by 19 percent from the number in fiscal year 2005, and over 26 percent fewer employees were affected by FMLA violations.  Termination of employees seeking FMLA leave continues to be the primary reason that employees filed a complaint.

 

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Personality Assessments Are the Future of Staffing

 

Behavioral assessments will become more widespread and routine this year, the Staffing Industry Report has predicted in its annual "Top Ten" trends and predictions for 2007.  Two key trends support the prediction that staffing and executive search firms will further integrate personality assessments into their recruitment processes this year.

 

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April 26, 2007 Employment Conference

 

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Approaching Deadlines for Human Resource/Payroll Professionals

 

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Latest Department of Labor Numbers

 

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