Tag: Fair Labor Standards Act (FLSA)

Restaurant’s Mandatory Service Charge Wasn’t a Tip

In the current battle to hire and retain good workers, employers have developed creative ways to balance employees’ increased compensation expectations against the costs of running a business. In addition, restaurants using the tip credit have the extra administrative difficulties of making sure their tipped employees are being paid enough in tips to meet the […]

9 Tips for Conducting Wage and Hour Checkups

We visit the doctor and the optometrist once a year and our dentists at least twice a year. Why? We attend the appointments not because they’re necessarily fun but because they’re vital for maintaining good health and wellness. They provide assurance that if things aren’t so good, we have the chance to correct course. All […]

U.S. Supreme Court Says Airline Supervisor Is Exempt from the Federal Arbitration Act

Voluntary arbitration agreements involving federal law are enforced under the Federal Arbitration Act (FAA). Section 1 of the FAA exempts certain classes of workers, however, from the enforcement of arbitration. The U.S. Supreme Court recently resolved a federal circuit court split over whether employees who load cargo for the transportation of goods are engaged in […]

House’s Passage of FAIR Act Signals End of Mandatory Arbitration of Workplace Disputes

For decades, American employers have relied on judicial precedent and the Federal Arbitration Act (FAA) to enforce predispute mandatory arbitration agreements, which are signed before any known conflict arises between the employer and the employee (typically at the beginning of the employment relationship) requiring them to arbitrate any future employment disputes. They often contain provisions […]

Risk of Employees’ Losing Exempt Status Rises During Times of Short-Staffing

In times of short staffing, it’s important to remember exempt employees may lose their exempt status if they spend too much time performing nonexempt work. A recent ruling by the U.S. District Court for the District of Minnesota serves as a stark reminder that exempt employees may perform nonexempt work but only if their primary […]

You’re Getting a Raise! DOL Again Looks to Hike FLSA Salary Threshold

In September 2019, the U.S. Department of Labor (DOL) expanded the Fair Labor Standards Act’s (FLSA) overtime coverage to more than one million workers. In response, employers everywhere readied themselves for a potentially seismic shift. Calls to legal counsel, workforce audits, and wage adjustments ensued to make sure workers were properly classified. Soon, it may […]

Are Student Athletes Also Employees?

The U.S. 3rd Circuit Court of Appeals (which covers Pennsylvania employers) recently announced it will consider the most important question in collegiate sports history: whether students who participate in college athletics are employees. The case comes on the heels of the U.S. Supreme Court’s August 25, 2021, decision in NCAA v. Alston, which struck down […]

4 Reasons to Update Your Employee Handbook in 2022

Annual reviews of employee handbooks can help you stay ahead of the curve. Prudent employers are proactive, rather than reactive, in being prepared to deal with workplace issues. Here are four key areas of change you should look at in the rest of 2022.

2022 State Minimum Wage Increases Map

Under the Fair Labor Standards Act (FLSA), the current federal minimum wage is $7.25 per hour, but the FLSA does not supersede any state or local laws that are more favorable to employees. Therefore, if a state or municipality has a minimum wage that is higher than the federal minimum, employers subject to the state […]