FLSA

Overtime rules appeal deadline pushed back to May 1

02/21/2017
The fate of the Department of Labor’s long-delayed new overtime pay rules will not be known for several more weeks. That doesn’t bode well for their eventual enactment.

Never, ever ignore an employee's lawsuit

02/09/2017
Employers that don’t respond to a former employee’s lawsuit are making a big mistake—even if they truly believe the lawsuit has no merit.

Sued by nonexempts eligible for bonuses? Get out your calculator and checkbook

02/07/2017
All the math adds up to one conclusion: Employers better get their pay systems right.

Beware triple whammy after FLSA retaliation

02/07/2017
Employers that retaliate against employees who file Fair Labor Standards Act claims don’t just face the prospect of owing back pay, plus double that amount in liquidated damages. They also potentially face a damage award for emotional distress.

Trump administration seeks 30-day delay for overtime rule appeal

01/31/2017
The Department of Justice is asking for more time to file briefs in a related 5th Circuit Court of Appeals case.

Tricky compensation arrangements are not a do-it-yourself project

01/30/2017
If you are tempted to use obscure provisions of California’s labor and employment laws to pay your employees, make sure you (and your attorney) pay close attention to the details.

California Supreme Court's big break ruling: Workers must be completely relieved of duties

01/30/2017
On Dec. 22, 2016, the Supreme Court of California ruled that California law prohibits on-duty and on-call rest periods.

Santa Ana, Calif. eatery serves up $96K in back OT, penalties

01/30/2017
The couple who owns El Calamar restaurant in Orange County has agreed to settle federal charges that they violated the Fair Labor Standards Act when they failed to pay cooks for all the overtime they worked.

Job--not job description--counts for exemption

01/30/2017
A job description that specifies that an employee’s position is exempt and delineates job duties that fit an exemption isn’t enough to establish exempt status.

Overtime changes still on hold; likely shelved by Trump's DOL

01/26/2017
The controversial changes to U.S. overtime law—on hold since a Texas court’s Nov. 22 preliminary injunction—are still frozen in the courts.

With new rules on hold, a refresher on white-collar overtime

01/18/2017
With the new overtime rules most likely dead for the foreseeable future, let’s review the overtime rules that remain in effect, as they have been since 2004.

Trend watch: Could contractors get benefits?

01/12/2017
The state of New York may be about to consider legislation that would create a system of “portable” benefits that would give independent contractors some of the advantages employees have.

NY labor law 2017: Exempt salaries, past pay, police liability

01/11/2017
This month brings timely reminders for busy employers that may have missed important new announcements.

Nursing homes misclassified staff, owe $2M in back pay

01/11/2017
Grand Healthcare System, headquartered in Queens, will pay $2,006,796  to 844 employees in five locations after the company improperly classified the employees as exempt from the Fair Labor Standards Act.

Banquet hall dishes more than $300K in back pay, penalties

01/11/2017
An Indian restaurant and banquet hall in Garden City, N.Y., will pay $285,800 in back wages and liquidated damages to 24 workers to resolve allegations it violated the Fair Labor Standards Act.
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