Tag: overtime

First Circuit Serves Up Employer-Friendly Ruling; FLSA Admin. Exemption Does Not Cater to Banquet Employees

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 […]

Administration Proposes FLSA Coverage for Home Health Aides

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. […]

A Holiday Wage and Hour Checklist: Are You Naughty or Nice?

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 […]

US Labor Department, Colorado Department of Labor and Employment sign agreement to reduce misclassification of employees as independent contractors

Nancy J. Leppink, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, and Ellen Golombek, executive director of the Colorado Department of Labor and Employment, signed a memorandum of understanding Dec. 5 regarding the improper classification of employees as independent contractors. “This memorandum of understanding helps us send a message: We’re standing […]

$1 M in back wages recovered for NJ gas station workers

A multi-year investigation by the United States Department of Labor into violations of wage and hour laws by New Jersey gas stations has found “consistent and widespread noncompliance,” according to agency officials. The investment action recovered more than $1 million in back wages for 295 workers. In an agency statement, DOL Secretary Hilda L. Solis […]

Supreme Court to Hear Arguments on Outside Sales Exemption

The Supreme Court today agreed to hear a Fair Labor Standards Act case to decide if drug company reps should qualify for the outside sales exemption. Specifically, Christopher v. SmithKline Beecham Corp. is about whether pharmaceutical sales reps working more than 40 hours in a week are eligible for overtime under the FLSA. A key question […]

10-Year-Old Blueberry Picker Proves Costly for Employer

Federal investigators fined an Arkansas farm $8,000 for illegally hiring a 10-year old to pick blueberries and for other wage and hour violations . The Labor Department also has recovered $1,160 in back wages for four of the farm’s workers. “The laws and regulations for vulnerable young workers are very specific, and employers in violation […]

Huddle House Franchisees: Egg on Their Faces?

Huddle House, Inc. has agreed to pay more than $60,000 to 128 employees and to step up compliance with wage and hour laws. In addition, Labor Department officials assessed $48,317 in civil money penalties for repeat and child labor violations. The Labor’s wage and hour investigations were initiated under a multiyear enforcement initiative focused on […]

No Room for FLSA Abuses at Hilton

A Hilton subsidiary has agreed to pay more than $715,000 in back wages to 2,645 workers in four states. The agreement comes in the wake of a Labor Department investigation into the handling of payment for work done before the start of a shift. Nonpayment of pre-shift work at heart of DOL investigation Hilton “profited […]