Following the lead of several other courts of appeals and the long-held position of the U.S. Department of Labor (DOL), the U.S. 9th Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—recently concluded that minimum wage compliance under the Fair Labor Standards Act (FLSA) is determined by dividing the […]
Tag: hours worked
The Fair Labor Standards Act (FLSA) is seemingly straightforward on the matter of pay: employers must pay employees for all hours worked. But who is an employee? And can employers accept free work?
Minimum wage increases will affect numerous states across the country in January 2018.
A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment claims.
Recent natural disasters – like hurricanes and wildfires – have prompted employers and employees alike to consider how the employment relationship is impacted after disaster strikes. Employers are in a unique position to be able to directly impact how quickly their employees are able to get back on their feet. There are a lot of […]
Although disability-based harassment/hostile work environment claims have been recognized by the courts for a while, they aren’t very common. The U.S. Court of Appeals for the 5th Circuit—which covers Louisiana, Mississippi, and Texas—recently rejected an employee’s claim of disability-based harassment under the Americans with Disabilities Act (ADA), finding her employer’s good-faith efforts to engage in […]
Do your employees routinely work more hours than they record? How sure are you of your answer?
The law on whether the time nonexempt employees spend traveling is compensable is confusing and often trips up employers. This article is designed to explain the rules and provide guidance on how to pay for a nonexempt employee’s travel time under federal law.
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 […]
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.