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.
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.
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).
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.
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 […]
Employees can be entitled to damages for emotional distress under the Fair Labor Standards Act (FLSA), a federal appeals court has ruled.
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 […]
Employers cannot count compensation paid during meal breaks toward overtime pay due to employees, a federal appeals court has ruled.
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?
Employers may face legal and morale problems regardless of how they decide to respond to the injunction temporarily blocking the Fair Labor Standards Act’s (FLSA) new overtime rule, says one expert.