Tag: wages

marijuana

Marijuana Mainstream: Should It Be Treated Like Tobacco for Overtime Purposes?

The legalization of marijuana poses more conundrums for employers than just the challenges caused by employees’ use of the popular herb. While most employers in states like Nevada, where marijuana is legal both medicinally and recreationally, worry about whether they can terminate an employee for lawfully using weed, others are asking whether they are required […]

trump

Review of the Trump Administration’s First Year: Immigration, Wage and Hour Enforcement

The past year has included many expected moves by the Trump administration, such as the reversal of some of the National Labor Relations Board’s (NLRB) controversial decisions under the Obama administration, as well as several unexpected developments among several agencies.

commission

6th Circuit Court’s Decision Provides Guidance on Draw-on-Commission Policies

In a recent decision, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—held that an employer’s week-to-week, commission-only pay system was generally valid. However, it was illegal for the company’s policy to state that employees had to repay immediately upon termination draws that had been given during employment.

Employers’ Flu Worries Go Beyond Germs, Attendance

This year’s influenza outbreak has sickened millions of people across the country, leaving employers struggling to cover for employees who are out sick and searching for ways to prevent others from coming down with the flu. But dealing with germ control and sick days is only the beginning. Legal issues also can come into play.

volunteer

Public Employees Who Volunteer: Do You Know the Rules Under the FLSA?

Not everyone who performs services for an employer is an employee. For example, many employers use the services of independent contractors, students, trainees, and volunteers. Therefore, an important question to consider is whether those types of workers are actually considered “employees.” If they are, they will be covered by the Fair Labor Standards Act’s (FLSA) […]

Intern

New Policy on Internships Puts DOL, Courts on Same Page

The U.S. Department of Labor’s (DOL) announcement that it is nixing its 2010 guidance on unpaid internships in favor of a less-rigid test puts the agency in line with recent appellate court rulings on the issue, according to an attorney following the matter.

Can You Accept Volunteer Labor?

The Fair Labor Standards Act (FLSA) is seemingly straightforward on the matter of pay: employers must pay employees for all hours worked. But who is an employee? And can employers accept free work?