Tag: Wage Hour

Federal Agency Urges Changes to FLSA Subminimum Wage Provisions

A federal disability policy agency sent a report and letter to the Obama administration on Aug. 23 urging a phase out of a controversial provision of the Fair Labor Standards Act that allows certified employers to compensate persons with disabilities at wages below the federal minimum wage. The FLSA section in question — section 14(c) […]

Police Chief Still an Executive Under FLSA Even While Walking the Beat, Says VT Superior Court

A former police chief in Vermont was correctly classified as exempt under the Fair Labor Standards Act’s executive exemption — despite the fact that he frequently had to perform patrol work — because the bulk of his duties were still considered managerial, the Vermont Supreme Court ruled Aug. 10. In spite of his status as […]

FLSA Violations Are Out of Fashion, Says DOL in Targeting Apparel Industry

A sweeping new U.S. Department of Labor enforcement initiative targeting California’s apparel industry may highlight wage and hour compliance issues for retailers and manufacturers. The companies that make, ship, market and sell clothing have long faced scrutiny over labor practices but industry proponents argue that they have made great strides. DOL appears to disagree, launching […]

Joint Employer? Hidden Liabilities Abound

Yesterday’s Advisor pointed out the hidden liabilities when you have a joint employer. Today, minimizing those liabilities, plus an introduction to the book some call “The Wage/Hour Bible.” First of all, note that usually the employee may choose which of the joint employers to sue for any unpaid wages under the FLSA. However, through contractual […]

Joint Employer Not in Compliance? You’re Not in Compliance!

Your organization may be in compliance with wage and hour laws, but are your “joint employers” in compliance? If they’re not, you could end up liable. Two or more employers may be deemed to be “joint employers” of an employee under the FLSA. If either employer violates the FLSA, they will both be liable. Some […]

Executives on Maternity Leave: Return Not Guaranteed by FMLA

Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus hours) at Yahoo to qualify for FMLA leave, Mayer would not be guaranteed a return […]

Transit Benefit Parity: Train Has Left the Station

Employers will not have any reason to adjust their qualified transportation fringe benefit plans — not as a result of a major highway funding bill that recently became law, anyway. That bill, known as the Moving Ahead for Progress in the 21st Century, or MAP-21, once had a transit benefit parity provision in it, which […]

There’s No ‘I’ in ‘Team’ — FLSA ‘Executive Exemption’ Doesn’t Require Independence

Do employees who oversee different teams within a company that perform the same job, in the same location and at the same time as other teams, fall into the category of an “executive” under the Fair Labor Standards Act? Recently several employees argued that their responsibilities were so standardized that they did not fall under […]