WAGES & HOURS

Construction firm gets nailed for double damages

09/19/2014
West Covina, Calif.-based G.M. Sager Con­­struction will pay $146,092 in overtime pay to 26 workers it failed to pay properly.

DOL drains Lucky River

09/19/2014
The owners of San Francisco’s Lucky River Restaurant have agreed to fork over $285,732 to eight employees after DOL investigators found they hadn’t re­­ceived minimum wages or overtime pay.

Prevailing wage law may not apply to off-site work

09/19/2014
A new decision may make it easier for employers to avoid some prevailing wage payments.

When undocumented immigrants sue over pay

09/19/2014

Simply put, immigration status isn’t relevant to whether an employer violated the FLSA by paying less than minimum wage or failed to pay proper overtime. However, if the worker is cooperating with the DOL in an FLSA case, the employer may demand to know whether the worker may receive something of value for his testimony.

New Minnesota law aims to close gender gap in the workplace

09/17/2014
With great fanfare, Minnesota’s new Women’s Economic Secu­­rity Act was signed into law on Mother’s Day in May 2014. WESA is aimed at closing the gender gap by breaking down barriers to economic progress for women. It creates a number of new legal requirements and amends various existing laws.

Tire company puts equal pay dispute in rear-view mirror

09/17/2014
A female HR director delivered St. Cloud-based Royal Tire a kick when she sued the company for an Equal Pay Act violation.

Title company sued over alleged prevailing wage violations

09/17/2014
The U.S. Labor Department has filed suit against White Bear Lake-based Northwest Title, alleging the company failed to pay prevailing wages when it handled real estate closings for the U.S. Department of Housing and Urban Development. The company held the HUD contract from April 2010 to April 2012.

Time records matter! Make sure time clock system lets workers enter OT hours

09/17/2014

Do you have a time clock system that employees use to record the hours they work? Make sure it allows hourly employees to record the overtime they work. Otherwise, they may later argue that they worked overtime hours and your time-keeping system was designed to discourage them from tracking those extra hours and getting paid overtime.

Business facing financial difficulties? Don't let supervisors alter hours worked

09/17/2014
Faced with declining revenues and staff shortages that mean more overtime hours, managers may be tempted to adjust time records to reflect fewer hours worked. But this is a dangerous tactic.

Stillwater, Okla. restaurant adds 'minimum wage fee' to checks

09/17/2014
Things are not peaceful at the Oasis Café in Stillwater. When the state’s higher minimum wage took effect on Aug. 1, the restaurant began charging a 35-cent “minimum wage fee” on each order. Restaurant management claims the charge is to highlight the burden the wage hike places on small businesses.

To prove executive exemption, show employee's 'direct involvement' in hiring

09/17/2014

Employees are eligible for overtime pay unless their positions fit into one of several exemption categories, including the executive exemption. But take note: Don’t try to apply the executive exemption label unless the employee is directly involved in hiring and firing or his or her recommendations are seriously considered during the decision-making process.

New York amends Human Rights Law to protect unpaid interns

09/05/2014
On July 22, Gov. Andrew Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c titled, “Unlawful discriminatory practices relating to interns.”

Ex-intern files class action against Marvel Entertainment

09/05/2014
The new amendment to the New York Human Rights Law adding protections for unpaid interns does not address the status of those interns who claim they should be compensated employees. Those cases appear to be working through the courts on a separate path.

FLSA overtime rules don't apply to truly small and local businesses

09/05/2014
Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.

How should we handle wage overpayment?

09/02/2014
Q. We recently overpaid an employee by $3,500 but the discrepancy was not discovered until six months later. Can we automatically and legitimately withhold those wages from his paycheck? Also, would it be inappropriate to dock additional wages for the employee not making us aware of the mistake?
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