Category: FLSA/Wages

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.


Maryland Restaurant Can’t Shift Liability for Wage Claim to Manager

Maryland’s federal court was recently faced with an unusual scenario when a company being sued for wage and hour violations attempted to bring one of its managers into the litigation, arguing he was also an “employer” under the law and was therefore responsible for a portion of any judgment against the company and its owners. Let’s take a closer look at this interesting case.


Asking Tipped Employees to Perform Extra Duties Can Stick Restaurants with Unwanted Tab

Most restaurants take advantage of the tip credit authorized by federal and Maryland wage and hour law when compensating their servers. If used correctly, the tip credit allows an employer to reduce its labor costs by applying tips earned by employees as a partial credit against the minimum wage they would otherwise be paid for […]


Overtime and FLSA: Maine Employer Cheesed Off by Comma Drama

“Who gives [an expletive] about an Oxford comma?” muses the band Vampire Weekend in a hit song. After a recent decision from the 1st Circuit (which covers Maine, Massachusetts, New Hampshire, and Rhode Island), I’m sure Oakhurst Dairy cares about the issue quite a bit.

New Jersey

New Jersey Financial Advisers Are Exempt Employees Under FLSA

A New Jersey federal court recently granted an employer’s motion for summary judgment (dismissal without a trial) on a group of financial advisers’ overtime claims, finding they were properly classified as exempt under the Fair Labor Standards Act (FLSA) and its New Jersey counterpart.


Signaling End of Overtime Rule, DOL Will Seek Public Input for New Rule

President Trump’s Secretary of Labor said Wednesday that he will soon formally request the public’s input on new overtime regulations. That announcement signals that the U.S. Department of Labor (DOL) likely will drop its defense of President Obama’s overtime rule, according to one expert.


Automatic Lunch Deductions Cost Employer $1.2M

An employer will pay nearly $1.2 million to resolve claims that it created wage and hour violations by automatically deducting a lunch break from workers’ hours, the U.S. Department of Labor (DOL) has announced.


Were Employees Denied Days of Rest Required under California Law?

The supreme court recently resolved unsettled questions about the construction of the day-of-rest statutes found in California’s Labor Code. As this article explains, the court answered three questions about employees’ right to a day of rest, when a certain exception applies, and what it means to “cause” an employee to work on a seventh consecutive workday.


Ask the Expert: How Should Gift Cards Be Recorded, Handled by Payroll?

Question: We have a point system for our employees in which we award gift cards. These amounts are updated on the payroll for each employee that is a recipient of these awards. Our question is how we need to file these documents for proper recordkeeping. Can we keep one file with a spreadsheet of names […]