Tag: FLSA

Rhode Island

Buyer, Beware: You May Be Liable for Seller’s Wage Law Violations

The Rhode Island federal court recently held that a buyer of an employer’s assets can be liable for the seller’s violations of federal and state wage laws, even if the buyer is a separate entity with distinct management and ownership from that of the seller. If the buyer continues the seller’s business operations, it should conduct careful due diligence and confirm that the seller will have sufficient assets after the sale to satisfy any lingering debts.

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SHRM to DOL: Reverse Obama FLSA Interpretations

The U.S. Department of Labor (DOL) should rescind certain wage and hour “Administrator Interpretations” issued during the Obama administration, the Society for Human Resource Management (SHRM) said February 16.

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Who Is an Employee Under the FLSA? Not NCAA Athletes, According to the 7th Circuit

Recently, the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—affirmed an Indiana court’s decision to dismiss a case filed by former student athletes at the University of Pennsylvania (Penn) against the NCAA. The student athletes alleged they were employees who were entitled to minimum wage under the Fair Labor Standards Act (FLSA).

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2nd Circuit: No Trifecta for New York Employee’s Wage and Hour Claims

Violations of the Fair Labor Standards Act (FLSA) and New York state’s Labor Law subject employers to paying employees back pay plus “liquidated” damages of an equal amount (in addition to reasonable attorneys’ fees). Recently, a question arose on whether an employee can “stack” liquidated damages under the FLSA and the Labor Law so that he scores a triple recovery: back pay and liquidated damages under the FLSA plus liquidated damages under the Labor Law.

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Appeals Court Expands Definition of ‘Joint Employer’ in Wage Claims

Employers in several states are facing a new definition of “joint employment” under federal wage and hour law. The 4th U.S. Circuit Court of Appeals has adopted a broad test for determining whether two employers are jointly liable for back pay and damages in those claims, making it easier for workers to show a joint […]

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Ask the Expert: Can We Adjust Time Cards for Waiting Time?

Question: My employer uses a “4 -minute rule,” meaning that our employees have an 8-minute window (4 before and 4 after their scheduled time to clock in) without changes being made to their time cards. We do this because there’s a line waiting to clock in. However, for those who are more than the 4 […]

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Ask the Expert: Our Employee Is On a Boat! How Do We Pay Him?

Question: An employee works on a boat (manual labor so does not meet job duties tests) that goes out for days at a time. He essentially “lives” on the boat while out at sea. How do we determine his “hours worked” in order to be compliant with the FLSA?

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