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Two new California state laws, signed by Gov. Jerry Brown Oct. 9, raise the stakes for companies that violate the state’s wage and hour laws. Assembly Bill No. 459, among the latest move by feds and the states to crack down on independent contractor abuse, prohibits willful misclassification of employees as independent contractors. The law […]
A federal court has ordered the City of Pittsburgh to pay $825,000 in liquidated damages alone to more than 900 municipal police officers. (O’Hara v. City of Pittsburgh.) The U.S. District Court for the Western District of Pennsylvania made the award following a five-year delay by the city in implementing a 2006 letter of understanding […]
Four umpires who worked the 2011 U.S. Open Tennis Championship weren’t happy with the tournament’s outcome. It’s nothing personal against this year’s champions Samantha Stosur and Novak Djokovic, but rather the U.S. Tennis Association (USTA), who the umps say should have paid them overtime. The umpires say the Open regularly requires working more than 40 […]
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) […]
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 […]
When it comes to the Fair Labor Standards Act (FLSA), no employer is small enough to fly under U.S. Department of Labor’s (DOL’s) enforcement radar. Defunct 1st National Leasing Inc. agreed to pay eight former telemarketing employees $34,235 in back wages under a July 19 consent judgment that will put an end to DOL allegations […]
In these times of serious belt-tightening, especially in the public sector, everyone is looking for ways to save money. Some are willing to take the risk of breaking the law to do it, and some of them get caught — and waste a lot more money as a result. The Chicago Transit Authority (CTA) took […]
“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 […]
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 […]
The amount of back wages and overtime pay collected by the U.S. Department of Labor for violations of the Fair Labor Standards Act is down slightly — but don’t assume that means DOL is no longer on the warpath. According to data provided to Smart HR Manager, DOL collected almost $130 million in back wages […]