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President Obama announced a proposed rule to “modernize” and expand overtime protections for workers on March 13. The administration signaled that it would like to expand overtime protections through a U.S. Department of Labor rule change that would raise the salary threshold defining which workers are exempt from overtime and potentially evaluate some of the […]
The arrival of cooler weather heralds the end of daylight saving time and a potential Fair Labor Standards Act challenge for employers with employees who work a graveyard shift. This year, daylight saving time ends on Nov. 3, and most states will set the clocks back one hour beginning at 2 a.m. Employees working the […]
The Fair Labor Standards Act turns 75 today, June 25. When the law was enacted as part of Franklin Roosevelt’s New Deal policies it established the minimum wage, overtime and other labor standards that still govern today’s workplaces. Those standards turned out to be just the “baby steps” of a law that has grown to […]
To prevent the consequences from imprecise employee handbook language, employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]
Properly executed arbitration agreements can prohibit employees from bringing Fair Labor Standards Act collective actions in some federal courts. This is despite a National Labor Relations Board decision holding that mandatory arbitration for employment disputes violates the National Labor Relations Act, a federal district court has ruled. In doing so, the court joined other courts […]
Hurricane Sandy’s path of destruction has left many homeowners, municipalities and businesses in need of reconstruction and repairs — and when such weather-related disasters require massive reconstruction efforts, many landscapers and builders hire subcontractors to help. Increased joint employer liability, particularly in those industries that frequently use subcontractors, often goes hand-in-hand with worker misclassification. Employers […]
Police officers in Richmond, Va., will be paid $7.2 million in unpaid overtime under the terms of a settlement agreement approved July 27 by a federal judge. The settlement between more than 600 officers and the city resolved a year-long fight over whether federal Fair Labor Standards Act provisions or state laws held sway over […]
The arrival of summer is also a harbinger of weather-related emergencies for many communities. For example, the Atlantic hurricane season kicks off at the beginning of June and barrels toward a peak in late summer and early fall. But with such storms comes the potential for unplanned overtime for police officers, firefighters, ambulance drivers, emergency […]
Wal-Mart Stores, Inc. will pay almost $5.3 million in penalties, damages and back wages for overtime violations at stores nationwide, the U.S. Department of Labor said on May 1. According to the agency, 4,500 vision center managers (VCMs) and asset protection coordinators (APCs) at Wal-Mart Supercenters, Wal-Mart Discount Stores, Neighborhood Markets and Sam’s Club Warehouses were […]
As the implications of using social media in the workplace continue to loom large, not surprisingly, how such use affects information-gathering in employment law cases is gaining attention. Among the questions raised: In an employment-law dispute, can an employer subpoena an employee’s Facebook account as part of its evidence gathering? Yes, but with restrictions. Employers […]