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The Fair Labor Standards Act (FLSA), the federal law that governs wages and overtime pay, has been the topic of numerous articles in state Employment Law Letters. We’ve reported on the rise of wage and hour lawsuits filed state courts and we highlighted what federal courts consider “acceptable terms” for an FLSA settlement agreement What […]
by Robert C. Nagle Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]
Many of the uninitiated do think compensation’s simple, but those same people keep paying out on million-dollar suits. In yesterday’s Advisor, we featured three million-dollar wage and hour lawsuits. Today, two more suits and an introduction to a unique source of compensation solutions that might just help you avoid a million-dollar suit. Oriental Forest Will […]
Wage and hour cases often seem piddling—what are a few hours of overtime here and there? But add in other class members (hundreds, thousands?), years (2 or 3?), and damages, and there’s quite a tidy sum you might owe. Here are several recent cases, each with something to teach about managing wage and hour difficulties. […]
Continuing the recently established practice of issuing broadly applicable “Administrator Interpretations” in lieu of wage and hour opinion letters, U.S. Department of Labor (DOL) Deputy Administrator Nancy Leppink has released the second Administrator Interpretation of 2010. The interpretation, issued June 16, clarifies the definition of “clothes” under the Fair Labor Standards Act (FLSA), addressing some […]
Wal-Mart is poised to defend against a wage-related suit that could have as many as 1.5 million class members. Your suit won’t be as big, but do you think it’s a good reminder to review your exempt/nonexempt classifications? Here, from BLR’s experts, are explanations of many of the trickiest classification questions: Executive Secretary An executive […]
Just about every day, it seems DOL wins or settles another expensive lawsuit based on the "simple" laws of wage and hour. Today’s Advisor features beyond-the-basics questions that are often asked of the BLR® experts. Q. Can we give an extra week of vacation to cover any overtime? A. Providing vacation rather than overtime is […]
by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]
In yesterday’s Advisor, we busted 11 myths about wage and hour. Today, we tackle myths about child labor—particularly appropriate with summer hiring season approaching—and we take a look at a unique FLSA audit guide. [Go here for Myths 1-11.] Myth #12—There is no restriction on hours of work for workers age 14 and over. Busted. […]
Wage and hour should be the easiest job in HR, but there are a surprising number of misconceptions, and there is a surprising amount of misinformation being disseminated by savvy-sounding "experts" wandering the Internet chat sites. Cruise HR on the Internet, and you’ll be stunned. Mixed in with accurate answers are other answers—all delivered with […]