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wage and hour

California’s Top 5 Wage and Hour Risks

The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC.

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Supreme Court Won’t Review FLSA Whistleblower Case

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.

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Supreme Court Won’t Review FLSA Whistleblower Protection for HR Director

By Kate McGovern Tornone, Editor

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a Human Resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as she is not responsible for compliance with the law.

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DOL Pays Its Employees $7M to Settle Wage & Hour Claims

The U.S. Department of Labor (DOL)—the agency responsible for enforcing federal wage and hour law—has agreed to pay $7 million to settle claims that it failed to properly pay its own District of Columbia-area employees.

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Jury to Determine Whether Restaurant’s FLSA Violations Were ‘Willful’

By Kate McGovern Tornone, Editor

A federal district court has determined that a jury should decide whether a restaurant “willfully” violated the Fair Labor Standards Act (FLSA) when it declined to research the law’s requirements and ignored a warning that its compensations policies were not in compliance.

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The Cost of Compliance? Applying Risk Assessment to FLSA Exemptions

By Holly Jones, JD, Senior Legal Editor

During her recent master class on the upcoming changes to the Fair Labor Standards Act’s (FLSA) white collar exemptions, Kara Shea shared a wealth of advanced, in-depth legal information on wage and hour compliance. She also shared a little of the practical business strategy that comes from her years of experience assisting, counseling, and representing employers of all sizes and industries.

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Capitol Hill Cafeteria Employees Get $1M for Preshift Work

Employees working in U.S. Senate cafeterias will receive more than $1 million in back wages after a U.S. Department of Labor (DOL) investigation found wage and hour violations.

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Who Can Recoup Attorney’s Fees Under California Wage and Hour Law?

California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.

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The 10 Most Costly Management Mistakes—and How to Avoid Them


"Attorney Aaron Zandy, SPHR, uses essentially this opening statement at the beginning of every trial. But, he says, “sometimes it’s easier than others.” Here’s the statement:"

“It’s a case of perception vs. reality. The plaintiff perceives he (she) was disciplined, retaliated against, and harassed.  The reality is different. He (she) was terminated for a legitimate, non-discriminatory, non-retaliatory reason by a professional, well-trained manager with supportive documentation.”

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Performance Appraisals—10 Most Common Sins


"Performance appraisals—love them or hate them, it’s easy to make expensive mistakes. We’ve collected the most common errors of managers and supervisors who conduct performance appraisals. We call them the “10 Sins.”"

Sin #1. Failure to set meaningful goals

“Well, Sandy, I think we did fairly well this year, eh?”
“Tracy, I was sort of hoping you’d make more progress this year.”

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