In times of short staffing, it’s important to remember exempt employees may lose their exempt status if they spend too much time performing nonexempt work. A recent ruling by the U.S. District Court for the District of Minnesota serves as a stark reminder that exempt employees may perform nonexempt work but only if their primary […]
Tag: wage and hour
Annual reviews of employee handbooks can help you stay ahead of the curve. Prudent employers are proactive, rather than reactive, in being prepared to deal with workplace issues. Here are four key areas of change you should look at in the rest of 2022.
Incentivizing employees can be an important factor when it comes to an employer’s bottom line. Several common misconceptions about the Fair Labor Standards Act (FLSA) have driven decisions regarding incentive payments for too long.
Under the Fair Labor Standards Act (FLSA), employers must maintain records of hours worked by each nonexempt employee. That means companies bear the ultimate burden of showing that records of hours worked are in fact accurate. If an employer is sued by an employee, a group of employees, or the U.S. Department of Labor (DOL) […]
Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]
A recent decision from the federal court in Miami provides excellent guidance on how to defeat wage and hour claims.
The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. According to the survey, social media is primarily used to attract passive job candidates, but, according to Brian R. Garrison, Esq.—partner with the law firm […]
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
Maryland’s federal court was recently faced with an unusual scenario when a company being sued for wage and hour violations attempted to bring one of its managers into the litigation, arguing he was also an “employer” under the law and was therefore responsible for a portion of any judgment against the company and its owners. Let’s take a closer look at this interesting case.
“Who gives [an expletive] about an Oxford comma?” muses the band Vampire Weekend in a hit song. After a recent decision from the 1st Circuit (which covers Maine, Massachusetts, New Hampshire, and Rhode Island), I’m sure Oakhurst Dairy cares about the issue quite a bit.