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A car wash operator apparently had a clean record of complying with labor law, but because of a special California labor law, a California appellate court recently held that the car wash was liable for a previous owner’s Fair Labor Standards Act violations, resulting in a $120,000 judgment. The case, People ex rel. Harris v. […]
The number of Fair Labor Standards Act civil lawsuits filed in 2011 declined 7.2 percent, according to a recent report by the Administrative Office of the U.S. Courts. In all, 6,335 FLSA cases were commenced in district courts nationwide during the 12-month period ended Sept. 30, 2011, down from 6,825 during the same period in […]
Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]
Travel by non-exempts outside the normal area brings two different sets of rules into play. (As we mentioned yesterday, exempt employees are expected to work as and when the job requires.) Special Assignment in a Different Location When an employee who regularly works at a fixed location in one city is given a special one-day […]
Whether time spent traveling is paid work time depends on the type of travel involved: commuting, day travel, and overnight travel. Travel time that is work time is subject to both the minimum wage and overtime pay requirements of the Fair Labor Standards Act. (Don’t forget to check state laws on travel pay; some states, […]
‘I Can’t Live on What You’re Paying Me’ Conversations In a previous Advisor, we covered the basics of dealing with tough compensation questions. Today, more tough questions from a recent BLR webinar featuring Teresa Murphy and David Wudyka. Wage and Hour Mythbusters Wage and hour should be the easiest job in comp, but there are […]
A well-maintained company bulletin board can be an effective method for management to communicate new policies and procedures to employees and boost employee morale. Additionally, bulletin board postings may serve as valuable evidence in the event of a lawsuit or grievance. A neglected bulletin board, however, is a trap for the unwary and a tool […]
In 2010, there was a 10 percent increase from 2009 in wage and hour collective- and class-action cases under the Fair Labor Standards Act (FLSA). “Collective” and “class” actions are lawsuits with multiple plaintiffs filed by employees who perform substantially the same job. The number of wage and hour cases began to climb as a […]
by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks […]
As winter weary eyes eagerly watched to see if the groundhog would see his shadow, a large swath of the United States was paralyzed by record snow and ice forcing business closures, stranding traveling employees, knocking out power, and damaging buildings. This week, we’ve collected several articles we thought might help you deal with the […]