Tag: overtime

Feds Team Up With States to Increase Heat on Employee Misclassification

Using independent contractors is a way to avoid paying unemployment, Social Security and Medicare taxes, overtime and  benefits. However, if an employer is found liable of misclassifying an employee in tandem with committing wage and hour violations, DOL may fine the employer, and the employer may be assessed back wages and taxes. The U.S. Department of Labor (DOL) […]

FLSA Overtime Case Settles for $5M

If employees in a brokerage company merely comply with client wishes by executing transactions for them, the brokerage must properly classify their status under the Fair Labor Standards Act, and pay them overtime, when they work more than 40 hours in a work week. If the brokerage wants to exempt employees from the law’s overtime […]

Democrats Try, Try Again to Expand FLSA Protections for Home Care Workers, Minors

“If at first you don’t succeed, try, try again,” goes the old saying. Heeding that advice, legislators recently introduced two new bills that would expand employee protections under the Fair Labor Standards Act, recycling similar bills that failed in past sessions of Congress. One bill, introduced in both houses of Congress, would extend FLSA coverage […]

No Escape From the Long Arm of DOL

Even state agencies are not immune from the U.S. Department of Labor’s ongoing aggressive enforcement actions, as reflected in a recent lawsuit filed against the Texas Department of Family and Protective Services’ Child Protective Services Division (CPS). The lawsuit is seeking more than $1 million for back overtime pay that DOL claims is owed 800 […]

Equalizing Pay for Long Shifts and Short Shifts

Let’s say you have some employees who work long, 12-hour shifts and others who work traditional eight-hour shifts. The 12-hour employees work four shifts one week (48 hours), then three shifts the second week (36 hours) and another three shifts the third week (36 hours). This 4-3-3 schedule would be repeated every three weeks, resulting […]