FLSA

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.

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.

Supreme Court to decide key employment law cases this term

09/05/2014
Cases that the Court will hear in the term starting Oct. 6 will decide questions involving the reach of federal agencies that enforce employment laws.

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.”

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.

Do I have to grant leave for employees who have been summoned or subpoenaed?

09/02/2014
Q. A few of my employees have been summoned to appear in court for jury duty service and to act as witnesses in trials. Is there any way that I can prohibit them from serving? And if I can’t, am I required to pay them during their service?

Never retaliate for wage complaint--unless you're prepared to pay big bucks!

09/02/2014

If you “shoot the messenger” and punish an employee who points out your wage-and-hour mistakes, a judge just may smack you back with a huge monetary penalty. That’s what appears to have happened in a recent Texas case.

LinkedIn's $6 million payout offers lessons on tracking time

09/02/2014
The company apparently has failed to connect with the Department of Labor’s rules on what constitutes an exempt employee under the FLSA.

Calculating OT: What counts as a 'workweek'?

09/01/2014
Employment lawsuits often hinge on a definition: What is an “employee”? What is “work”? And, in this case, what is a “workweek”?

California Supreme Court makes independent contractor status tougher for motor carriers

08/29/2014
If your company is classified as a motor carrier, don’t expect the Federal Aviation Administration Authorization Act of 1994 (FAAAA) to protect you from misclassification claims. That’s the lesson learned by one motor carrier after a recent Cali­­for­­nia Supreme Court decision.

Must we pay employees for unauthorized overtime when they check their messages?

08/18/2014
Q. We frequently have employees turn in time sheets with unapproved overtime—time they spend checking emails and voice mails. Do we have to pay em­­­­ployees for this time even though we have a workplace policy that prohibits unapproved overtime work?

LinkedIn to pay nearly $6M for unpaid overtime violations

08/15/2014
The business-oriented social media site LinkedIn has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in damages to 359 former and current employees.

Court rules volunteer not entitled to FLSA protection

08/14/2014
A young man who volunteered at a school in hopes of building his résumé is not an employee as defined in the Fair Labor Standards Act according to the 2nd Circuit Court of Appeals.

Four Dallas restaurants settle DOL wage disputes

07/31/2014
Workers at four Dallas-area restaurants will receive more than $188,000 following a U.S. Depart­­ment of Labor Wage and Hour Divi­­sion (WHD) investigation. The restaurants—Yes Buffet in Grand Prairie, Royal Buf­­fet in Rowlett and Crown Buffet and Win Chi­­nese Buffet in Dallas—underpaid 61 employees.

Workweek isn't based on consecutive days

07/31/2014

Under the FLSA, employees are entitled to overtime for hours worked over 40 in any workweek. However, the law doesn’t specify how a workweek is determined...

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