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.
Tag: wage and hour
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.
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.
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.
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.
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 […]
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.
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.
“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.”
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.”