Tag: DOL

Overtime and Wage Lawsuits: Potential Liability for Most Employers

Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws. Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is no requirement that […]

Correctly Classifying a Worker as an Independent Contractor

by Tracey A. Cullen It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are protected under […]

Strict Safety Requirements for Teen Workers

Memorial Day, the unofficial start of summer, is just a few weeks away and many employers have started thinking about adding students to their workforce. Here are some issues to consider as those eager, money-hungry youngsters join your workplace. Safety first The Occupational Safety and Health Administration (OSHA) and the U.S. Department of Labor (DOL) […]

Family and Medical Leave: DOL Proposes Changes to FMLA Regulations; A Look at the Highlights

In February, the U.S. Department of Labor (DOL) published a long-awaited proposal to update and retool Family and Medical Leave Act (FMLA) regulations. The lengthy proposal covers notice requirements, medical certifications, eligibility, the definition of “continuing treatment” for a serious health condition, fitness for duty, and more. The changes are generally welcome news for employers.

Food Distributor To Pay $1.5 Million In Back FLSA Overtime

The U.S. Department of Labor (DOL) has announced a settlement with McLane Co., Inc., under which the Texas-based food and grocery distributor will pay $1,559,316 in back wages to 570 employees. A DOL investigation found that the company misclassified employees as exempt and thus didn’t pay overtime wages. McLane erroneously regarded retail merchandising specialists as […]

Family and Medical Leave: What Do We Do with an Employee Who Doesn’t Have Enough Hours for FMLA Leave but Might by the Start of the Leave?

You’d think we’d have the FMLA figured out by now, but we have two issues that we don’t know how to address. One employee has requested leave, but she hasn’t yet worked 1,250 hours and hasn’t been employed by us for 12 months. However, by the time the requested leave would begin, she would have […]

Retirement Plans: Automatic Enrollment Only Part of Equation for 401(k) Savings; Tips for Ensuring Quality Enrollment

Only 25 percent of the 300 mid- to large-sized employers polled in a survey by global HR-services company Hewitt Associates said they viewed a high participation rate in their 401(k) plans as the prime measure of the plans’ success. The survey indicated that more employers are placing less importance on the number of employees enrolled […]