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Wages & Hours

Follow rules to set alternative workweek schedule

05/30/2018
California wage-and-hour law can be complicated. For example, California allows establishment of something call­­ed alternative workweek schedules. Employees have to approve an AWS by voting via a secret ballot.

Tip pooling: What’s fair and reasonable?

05/30/2018
Under California Labor Code section 351, employers may pool tips and distribute them in a manner that is “fair and reasonable.” What that means in practice depends on the circumstances.

Some DOL ‘prevailing wage’ scales based on data from the 1980s

05/29/2018
The U.S. Department of Labor, which is in charge of enforcing the Davis Bacon Act, is setting prevailing wages for some occupations based on data collected more than 30 years ago.

Fix it fast: How to handle an uncashed paycheck

05/17/2018
Your options: You can either void uncashed checks or hold them open on your books. Hiccup: Banks generally won’t honor checks that are older than six months, so your employees won’t be happy either.

SEIU slashes ‘Fight for $15’ funding

04/03/2018
Union funding to organize fast-food employees was cut in half last year, according to a new study by the conservative Center for Union Facts.

DOL launches internal probe: Was tip pool data suppressed?

02/13/2018

The Department of Labor’s Office of the Inspector General is investigating allegations that Labor Secretary Alex Acosta ordered DOL staffers to quash internal research showing that a proposed rule allowing tip pooling in the hospitality industry would cost employees $5.8 billion per year.

Report: Tip pool rule could stiff servers out of $6 billion

02/06/2018

The Department of Labor suppressed results of internal research showing that a new proposed tip pooling rule could deprive restaurant servers of $5.8 billion in tip income every year, according to a report by Bloomberg Law.

Amish builder nailed for OT and child labor violations

01/26/2018

Stoltzfus Structures—an Amish-owned light construction company in Chester County—will pay $188,572 in back wages and an equal amount in liquidated damages to 47 employees.

When offering part-time job, clearly explain: Hours may vary from time to time

01/18/2018

When you are offering an applicant a part-time position with variable hours, be sure you make the terms clear. If you create an expectation and then reduce her hours, she may be able to quit and file a claim for unemployment compensation benefits.

DOL makes it easier to offer unpaid internships: New test vs. the old test

01/12/2018
Good news for employers: The U.S. Department of Labor has abandoned its inflexible, six-part test for determining whether interns qualify as employees (see old test in box below). Those rules from 2010 said internships at for-profit companies “will most often be viewed as employment.” In its place, the DOL in January 2018 issued a new, […]