FLSA

9th Circuit decision: Car dealership service advisors are nonexempt employees

05/20/2015
The 9th Circuit Court of Appeals had ruled that so-called automobile service advisors are nonexempt under the Fair Labor Standards Act.

Must we pay for time spent preparing to work?

05/18/2015
Q. We have an employee who regularly comes into work a half-hour or more before her scheduled shift in order to get her work station ready and otherwise get herself set up for the day. This preparation time is important to the employee because she does not believe that she can meet the production requirements of her job without it. The employee has been told that she cannot start performing her actual job tasks until the start of her scheduled shift. Our new HR manager has advised that we must pay the employee for the time that she spends preparing for her shift, even though she had no approval to work during that time. Is that right?

Minneapolis mayor Hodges calls for more worker-friendly policies

05/18/2015
In her second State of the City address, Minneapolis Mayor Betsy Hodges called for more regular work schedules, more overtime pay and greater access to paid sick days.

DOL: Beware turning employees into 'owners'

05/11/2015
When it comes to circumventing the Fair Labor Standards Act, innovation may be born of hardship. The latest employer scheme to avoid paying overtime, workers’ comp premiums and payroll taxes comes out of Utah and Arizona, where several jointly owned construction firms have been requiring employees to become “member/owners” of the businesses.

Viacom to pay $7.21M to settle intern pay dispute

05/06/2015

Apparently, TV personality Stephen Colbert wasn’t kidding about mistreating Jay the intern. Colbert’s former employer, Viacom, has agreed to settle claims by current and former interns at its Comedy Central, MTV and Nickelodeon properties.

What HR needs to know about tracking employee time

05/06/2015
Supervisors and HR pros need to understand what they can and cannot do with time records. Problems can lead to legal disputes under the Fair Labor Standards Act.

Merrill Lynch trainee OT suit could become class action

05/06/2015
Two participants in Merrill Lynch’s management development program are suing the firm, alleging they were not paid for overtime they worked during the intensive training period.

Jury awards $250,000 to former strippers in Houston

05/04/2015
Two former exotic dancers will split a $250,000 award after a jury sided with them in their suit against Houston nightclub Tiffany’s Cabaret. The jury found the club illegally made the women share their tips and wrongly forced them to pay to dance there.

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.

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.

Downsizing oil companies could see gusher of litigation

04/13/2015
Falling oil prices have forced many energy companies to cut their workforces until the market recovers. Former employees on the receiving ends of those cuts could try to recover lost income through lawsuits.

'Fissured workplace' is focus of DOL misclassification initiative

04/01/2015
Business models that lean heavily on independent contractors are tempting a DOL investigation. Might you be in a targeted industry?

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.

Supreme Court allows DOL rules reversal

03/13/2015
On March 9, the Supreme Court ruled that the Department of Labor, which regulates the kind of employees who must receive overtime for working more than 40 hours per week, is free to flip-flop on its interpretation of the Fair Labor Standards Act without notice or an opportunity to comment on the proposed change.

Niederland contractors can't paper over misclassification

03/10/2015
Specialty Painting & Wall Covering and M&S Enterprises, both in Nie­­der­­land, have paid 22 painters and drywall installers $108,783 in overtime back wages following a U.S. Labor Department Wage and Hour Divi­­sion investigation.
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