Tag: wages

compensation

Ask the Expert: Are Cash Payments in Lieu of Benefits Part of Base Wage?

Question: We provide employees the option to take a lump sum cash payment ($1,000/yr) in lieu of accepting benefits, payable in increments over each pay period. The U.S. Court of Appeals for the 9th Circuit has indicated those payments should be included in the base wage for purposes of calculating overtime (see Flores v. City […]

Who Is an Employee Under the FLSA? Not NCAA Athletes, According to the 7th Circuit

Recently, the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—affirmed an Indiana court’s decision to dismiss a case filed by former student athletes at the University of Pennsylvania (Penn) against the NCAA. The student athletes alleged they were employees who were entitled to minimum wage under the Fair Labor Standards Act (FLSA).

time

Trump’s DOL Will Address Overtime Rule by May 1

The federal government has been granted more time to figure out what to do about overtime regulations that remain in judicial limbo. A federal appeals court on February 22 granted the U.S. Department of Labor (DOL) its second extension in the proceedings, giving it until May 1 to take a position.

payroll

Ask the Expert: How Soon Must We Rectify Paycheck Error?

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?

New York

2nd Circuit: No Trifecta for New York Employee’s Wage and Hour Claims

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.

tips

Employers Ask Supreme Court to Rule on Tip Policies

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.