FLSA

DOL Wage and Hour Division unearths $4.5M in miner pay

03/03/2015
Mining companies extracting gas from the Marcellus Shale formations in Pennsylvania and West Virginia violated the Fair Labor Standards Act by misclassifying employees and improperly paying overtime, according to the U.S. Department of Labor Wage and Hour Division.

State Supreme Court affirms $151M verdict against Walmart

03/03/2015
The Pennsylvania Supreme Court has affirmed a Philadelphia jury’s huge verdict against retail giant Walmart. In 2006, the jury concluded the company violated state and federal wage laws when it forced employees to work through unpaid breaks and perform other duties while off the clock.

Will FLSA soon require predictable schedules?

03/03/2015
In a recent interview, U.S. Department of Labor Wage and Hour Division Administrator David Weil hinted that the department may be “looking very actively at” guaranteeing employees predictable schedules under the Fair Labor Standards Act.

Bill would turn pro cheerleaders into employees

02/24/2015
A bill before the General Assembly would require California’s professional sports teams to give cheerleaders full employment rights, including paying the minimum wage and overtime.

Federal judge strikes raises for home health workers

02/24/2015
One of President Obama’s attempts to stimulate the economy has been nixed by a federal court.

Court: Mum can't be the word when it comes to confidentiality of FLSA settlements

02/09/2015
A federal court has nixed the idea of a confidential Fair Labor Standards Act settlement. The court concluded that keeping violations secret goes against the spirit of the FLSA because it would allow employers to effectively hide violations from public scrutiny.

DOL's 2016 budget tips off Obama's priorities

02/09/2015
The U.S. Department of Labor stands to gain far more than most federal agencies in the White House’s fiscal year 2016 budget proposal released Feb. 2. President Obama’s budget would increase DOL funding by almost 11% next year, compared to an average of 5.3% for other federal agencies.

Harrisburg, Pa. exotic dancers win class-action status

02/02/2015
A federal judge has granted exotic dancers at a Harrisburg-area adult entertainment club class-action status in their wage-and-hour lawsuit against their employer.

Converting employees into contractors? Prepare for expensive, protracted litigation

02/02/2015
Here’s a warning for employers thinking about turning employees into independent contractors to avoid paying benefits and payroll taxes: If some of the employees challenge the decision, you may be in for years of expensive, time-consuming litigation. That can easily turn a penny-pinching strategy into a money pit.

Court refuses to sidestep employee notification of pending class-action lawsuit

01/15/2015
The federal trial court with jurisdiction over Minnesota employers has refused an employer’s request to streamline the FLSA collective-action process.

He who has the best time records usually wins a wage-and-hour lawsuit

01/15/2015

The FLSA and DOL regulations require employers to track all hours worked so employees can be paid for all the time they spend working. That’s especially true for hourly employees. But what about tracking hours for so-called exempt employees who aren’t eligible for overtime pay for hours worked over 40 per week?

Study suggests widespread minimum wage violations in NY

01/14/2015
A study commissioned by the U.S. Department of Labor finds that somewhere between 3.5% and 6.5% of workers in New York earn less than the minimum wage. The study, performed by Eastern Research Group, showed that more than 300,000 New York workers were being paid illegally low wages.

What are some resources for classifying employees and independent contractors?

01/05/2015
Q. I am assistant HR director for a small company that uses independent contractors as well as full- and part-time employees. In my role, I must ensure that these workers are accurately classified as either employees or contractors, and that my company fully complies with federal and state tax and labor laws. What is out there to assist me in accurately classifying the workers performing services for our firm?

Never ignore lawyer's advice on classification

01/05/2015
If your lawyers have told you that you have misclassified an employee, ignoring that advice can be used against you. The opinion becomes evidence of a willful violation, making the employee eligible for the bonus payment.

Fair Labor Standards Act: Overview

01/03/2015

HR Law 101: The Fair Labor Standards Act (FLSA) covers the federal minimum wage, rules on overtime pay and child labor regulations. Since the U.S. Department of Labor recently overhauled the overtime rules, it's critical to make sure you're properly classifying workers as exempt or nonexempt ...

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