Recently, a divided Minnesota Supreme Court ruled that a restaurant worker who was fired for refusing to share tips with his coworkers can sue for wrongful discharge even though the Minnesota Fair Labor Standards Act (MFLSA) doesn’t expressly authorize such claims.
The revision of FLSA and other wage and hour regulations presents a compliance challenge for companies nationwide. Employees once classified as exempt may be reclassified as hourly, and vice versa. Sometimes it’s in your company’s best interest to reclassify employees, but you need to be able to weigh the costs and benefits. We show you how, and give you valuable case studies and news updates on the wage and hour front.
In a recent decision, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—held that an employer’s week-to-week, commission-only pay system was generally valid. However, it was illegal for the company’s policy to state that employees had to repay immediately upon termination draws that had been given during employment.
This year’s influenza outbreak has sickened millions of people across the country, leaving employers struggling to cover for employees who are out sick and searching for ways to prevent others from coming down with the flu. But dealing with germ control and sick days is only the beginning. Legal issues also can come into play.
Not everyone who performs services for an employer is an employee. For example, many employers use the services of independent contractors, students, trainees, and volunteers. Therefore, an important question to consider is whether those types of workers are actually considered “employees.” If they are, they will be covered by the Fair Labor Standards Act’s (FLSA) […]
The U.S. Department of Labor’s (DOL) decision to reissue 17 opinion letters first issued during the George W. Bush administration is a welcome move and “a step in the right direction,” according to an attorney who represents employers.
The U.S. Department of Labor’s (DOL) announcement that it is nixing its 2010 guidance on unpaid internships in favor of a less-rigid test puts the agency in line with recent appellate court rulings on the issue, according to an attorney following the matter.
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?
The second of four annual increases in Arizona’s minimum wage kicked in at midnight on January 1, 2018, boosting the base rate from $10 to $10.50. Voters gave themselves the raise and paid sick time when they adopted Proposition 206, the Fair Wages and Healthy Families Act, in November 2016.
A recent decision from the federal court in Miami provides excellent guidance on how to defeat wage and hour claims.
In a recent precedential decision, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—held that employers are obligated to pay employees for breaks of 20 minutes or less under the Fair Labor Standards Act (FLSA).