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An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly […]
Yesterday, we gave you the background on a recent court case involving the classification of social workers as exempt. Today, the court’s rationale for concluding that the workers should have been getting overtime pay.
It’s important to be sure you properly classify jobs as exempt if you’re asserting an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). That message was reinforced by a recent decision of the Ninth Circuit Court of Appeals (which includes California) in which the court concluded that state social […]
By Lisa K Loesel. Loans against a qualified retirement plan can go wrong in a variety of ways, exposing employers and workers to taxes and penalties. But employers and workers can avoid trouble if they remain aware of key factors to prevent the worst from happening. And even if potential violations occur, there are ways […]
California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws. Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]
Just when you thought you’d figured out all the new regulations set to go into effect for 2012, some government agency changes them up on you. At least with last Friday’s announcement from the IRS, you can breathe easy: its changes won’t take effect until Feb. 1, 2012, or later. The Service’s Announcement 2011-82 changes […]
Banquet sales managers do qualify for the administrative exemption under the Fair Labor Standards Act — meaning no overtime is on the menu. So says the 1st U.S. Circuit Court of Appeals in Hines v. State Room, Inc. Plaintiffs in the case are former employees of banquet facilities that “host high-end wedding receptions and other […]
By Liza Casabona In a long anticipated move, the Department of Labor today proposed extending coverage under the Fair Labor Standards Act to 1.79 million workers providing in-home care services to the elderly and infirm. Workers categorized as “companions” are currently exempt from the minimum wage and overtime protections of the Fair Labor Standards Act. […]
The San Jose Mercury ran an interesting piece recently about a wage and hour audit at the family pizza chain, Chuck E. Cheese. You might recall from ads that the company boasts that at Chuck E. Cheese, a “kid can be a kid.” What the Merc tells us is, the Chuckster not only likes to […]
By Jeff Gilbreth and Gauri Patil As the holiday season ramps up, many of us will be spending time with family and friends, attending holiday parties and preparing for another new year. While this is certainly a fun and joyous time, we are here to remind employers that various wage and hour pitfalls are lurking […]