The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that employees were sometimes exempt from receiving overtime but were not exempt other times. The deciding factor was a very slight difference between the discretionary authority exercised in each role.
The revision of FLSA and other wage and hour regulations presents a compliance challenge for companies nationwide. Employees once classified as exempt may be reclassified as hourly, and vice versa. Sometimes it’s in your company’s best interest to reclassify employees, but you need to be able to weigh the costs and benefits. We show you how, and give you valuable case studies and news updates on the wage and hour front.
Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]
Throughout the country, much has been made of varied initiatives to increase the minimum wage from its current level under federal law to higher levels. Many commentators frequently propose $15 an hour as the new minimum wage, and some municipalities throughout the country have enacted local ordinances to push their minimum wage higher than the federal […]
With hiring about to pick up, this is a great time for a refresher on employers’ obligations under the Equal Pay Act (EPA), brought to you by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin.
The legalization of marijuana poses more conundrums for employers than just the challenges caused by employees’ use of the popular herb. While most employers in states like Nevada, where marijuana is legal both medicinally and recreationally, worry about whether they can terminate an employee for lawfully using weed, others are asking whether they are required […]
The past year has included many expected moves by the Trump administration, such as the reversal of some of the National Labor Relations Board’s (NLRB) controversial decisions under the Obama administration, as well as several unexpected developments among several agencies.
Recently, a divided Minnesota Supreme Court ruled that a restaurant worker who was fired for refusing to share tips with his coworkers can sue for wrongful discharge even though the Minnesota Fair Labor Standards Act (MFLSA) doesn’t expressly authorize such claims.
In a recent decision, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—held that an employer’s week-to-week, commission-only pay system was generally valid. However, it was illegal for the company’s policy to state that employees had to repay immediately upon termination draws that had been given during employment.
This year’s influenza outbreak has sickened millions of people across the country, leaving employers struggling to cover for employees who are out sick and searching for ways to prevent others from coming down with the flu. But dealing with germ control and sick days is only the beginning. Legal issues also can come into play.
Not everyone who performs services for an employer is an employee. For example, many employers use the services of independent contractors, students, trainees, and volunteers. Therefore, an important question to consider is whether those types of workers are actually considered “employees.” If they are, they will be covered by the Fair Labor Standards Act’s (FLSA) […]