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FLSA

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Court knocks down multi-state wage-and-hour class action

05/16/2018
A federal court has refused to certify a wage-and-hour class-action lawsuit. The crux of the case: Minnesota’s unique rules requiring employees to be paid for breaks of less than 20 minutes.

DOL: Expect new overtime pay rule in 2019

05/14/2018
The U.S. Department of Labor plans to wait until 2019 to release new proposed overtime rules for white-collar employees. The announcement, buried deep inside the Trump administration’s spring regulatory agenda document, merely states that the DOL will issue a notice of proposed rulemaking on “01/00/2019″—in other words, sometime next year.

Long Island body shop settles to avert collision with DOL

05/09/2018
Farmingdale Auto Collision and its owners have agreed to settle charges the company violated the Fair Labor Standards Act by not paying overtime pay as required by the law.

Ignorance may be bliss, but it’s a lousy legal strategy

05/09/2018
Ignoring a lawsuit won’t make it go away. In fact, it almost certainly means a default judgment in the employee’s favor. Be sure managers and executives understand they must take all legal paperwork seriously.

You can’t dodge FLSA by forming 2nd company

05/07/2018
Ever thought you might be able to skirt the Fair Labor Standards Act’s overtime provisions by arranging for related entities to “share” the same employees? Courts aren’t likely to buy the arrangement.

New Jersey gas pump jockeys claim $2 million in back pay

05/01/2018
On April 27, the WHD announced it had recovered $2,079,596 in back wages and liquidated damages for 87 attendants working at 25 southern New Jersey gas stations.

What to expect if BOFE investigators knock at your door

04/30/2018
The California Labor Commis­sioner’s Office has ramped up wage-and-hour compliance investigations by its Bureau of Field En­­forcement unit.

Salary OK for nonexempts, as long as it covers OT

04/30/2018
It’s fine to pay an hourly worker a set salary as long as it covers appropriate overtime. You may deduct from the salary if the employee doesn’t work enough hours.

Document details of work, degree of control to prove worker is an independent contractor

04/30/2018
Facts matter. Documenting those facts can make it much easier to defeat a challenge from either the worker or a state or federal government agency.

Big win for Uber: Drivers are contractors

04/19/2018
A federal court in Pennsylvania has handed a big win to employers in a case that hinged on whether Uber drivers are properly classified as independent contractors instead of employees.
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