WAGES & HOURS

Failure to pay overtime costs SoCal firm $344,000

04/21/2015
C&H Collins-Hartwell Programs, a Southern California provider of medical day care, must pay 32 employees $344,000 in back pay and damages after the U.S. Department of Labor’s Wage and Hour Division found it only paid straight time to workers who worked more than 40 hours in a week.

Lawsuit says Handy cleans up at its contractors' expense

04/21/2015
A lawsuit filed in California alleges that Handy, the sharing economy’s version of a cleaning service, is playing dirty with its workers. Like its brethren—Uber, Taskrabbits and others—the company uses independent contractors instead of employees.

San Rafael seafood restaurant on the hook for $185,000

04/21/2015
Employees of the Seafood Peddler restaurant in San Rafael have netted $185,000 after a jury determined the restaurant and its owner retaliated against them for cooperating with a U.S. Department of Labor Wage and Hour Division investigation into the eatery’s pay practices.

Court spots the problem: Troubleshooting complex machinery isn't exempt work

04/13/2015
With technological advances, just about every job involves using computers or computerized machinery. That doesn’t mean an employee whose job it is to repair such equipment is an exempt computer professional. Fixing things like printers and copiers—even the most technologically advanced ones—is hourly work, making the employee eligible for overtime.

Wrong classified employees as exempt? Don't take shortcuts when fixing your error

04/13/2015
Employers must follow strict rules if they want to rectify misclassification of employees and make up their unpaid overtime. Don’t expect to just cut them a check and put a note on the paystub.

Keep on top of litigation or face instant liability

04/13/2015
One of the worst things you can do when facing a lawsuit is to ignore legal paperwork that comes your way. As one employer recently learned, missing a single deadline can mean you have no defense and simply have to cough up damages.

DOL wins in Supreme Court, readies new white-collar OT rules

04/06/2015
The Department of Labor (DOL) has been in the news lately, with a big win in the U.S. Supreme Court and word that it will soon—finally—release new proposed overtime regulation for white-collar employees.

'Volunteers' referred from courts aren't employees

04/06/2015
Here’s some good news for nonprofit employers using individuals referred from the court system for community service credits. They’re not employees and therefore you aren’t obligated to pay them under the FLSA for the ‘work’ they do.

NYC pizza franchisee sliced paychecks too thin

04/06/2015
The owner of five Manhattan Papa John’s pizza franchises will be out a little dough after a state court ruled he didn’t properly pay his delivery people.

OT rulings may lead to worker clock-watching

04/06/2015
After a series of rulings dismissing overtime claims that didn’t specify exact alleged overtime worked, word is likely to get out that there’s a new, convenient way to track those hours.

What's the law on paying for travel time?

04/01/2015
Q. How should we go about determining how much we need to pay employees for travel time?

White-collar OT rule could double salary basis

03/26/2015
When Department of Labor Wage and Hour Division Administrator David Weil keynoted a gathering of top HR pros on March 24, his official comments carefully avoided the much-delayed, anxiously awaited rewrite of the federal rules governing white-collar overtime pay.

Managerial OT revision 'coming,' Perez tells House committee

03/24/2015
Almost a year ago, Labor Secretary Thomas Perez said the time was long overdue for a rewrite of the rules governing overtime pay under the Fair Labor Standards Act’s executive, administrative and professional exemptions. Prepare to wait a little longer.

DOL cites Silicon Valley firm that paid $1.21 per hour

03/23/2015
San Jose-based Electronics for Imaging (EFI) will have to pay $40,156 to eight workers it brought in from India. A U.S. Department of Labor Wage and Hour Division investigation found the company required workers to put in as many as 122 hours per week and paid as little as the equivalent of $1.21 per hour in Indian rupees.

Workers can be on-call during rest periods

03/23/2015

Under California law, employees must receive a rest break for every four hours worked and employers may not require employees to work during their breaks. But what about employees who are allowed to take breaks and do what they wish during that time but still have to respond to calls if necessary? In a recent case, security guards asked that question because they had to carry their radios during breaks in case they were suddenly needed.

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