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The U.S. Court of Appeals for the 3rd Circuit (which covers Delaware, New Jersey, and Pennsylvania) recently concluded that the right to control, rather than actual control, is the key factor in differentiating employees from independent contractors under a state wage and hour law.
Question: We made an error on an employee’s paycheck. They were not paid for 8 hours of vacation time. Do we need to make this payment within a certain time period of paycheck date? Can a company have a policy that any adjustments will be reflected in the following paycheck?
Violations of the Fair Labor Standards Act (FLSA) and New York state’s Labor Law subject employers to paying employees back pay plus “liquidated” damages of an equal amount (in addition to reasonable attorneys’ fees). Recently, a question arose on whether an employee can “stack” liquidated damages under the FLSA and the Labor Law so that he scores a triple recovery: back pay and liquidated damages under the FLSA plus liquidated damages under the Labor Law.
The U.S. Supreme Court may soon decide whether employers can collect workers’ tips and redistribute them to nontipped employees. Federal regulations currently prohibit this practice but industry groups say the Obama administration overstepped its authority with that rule.
Employers in several states are facing a new definition of “joint employment” under federal wage and hour law. The 4th U.S. Circuit Court of Appeals has adopted a broad test for determining whether two employers are jointly liable for back pay and damages in those claims, making it easier for workers to show a joint […]
Question: Can an employer refuse to pay an employee for time worked and/or overtime, if employee did not clock in for this time worked? Can an employer refuse to pay an employee for overtime, if company policy clearly states that overtime must have prior approval?
The practice of allowing employees to work from home—known as telecommuting—is a growing trend. Today’s technology allows many employees to work from anywhere. Telecommuting can be a plus for both you and your employees. Your company benefits because you pay less in fixed overhead costs when you don’t have to provide a traditional office for workers, and employees often enjoy the flexibility of working from home.
Employers cannot require that workers in California remain “on call” during mandatory rest breaks, the state’s Supreme Court has determined.
A recent U.S. Department of Labor (DOL) settlement serves as a reminder for employers with tipped employees: you cannot require workers to share tips with nontipped staff. Doing so can leave an employer liable not only for the misappropriated tips, but also—because of a provision in the law—for back minimum wage and overtime payments that […]
As we head into the heart of the winter storm season, it is inevitable that employers could face some severe snowstorms and blizzards in February. Hence, this is an excellent time to brush up on the wage and hour laws, which dictate whether you are required to pay salary or hourly wages to employees who are unable to get to work during a blizzard or severe snowstorm. Here is a timely refresher article on these issues.