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FLSA

DOL: No pause in wage-and-hour lawsuits

04/23/2020
Don’t expect a decline in lawsuits during the coronavirus pandemic. Be sure you continue to follow all your usual protocols for responding to EEOC complaints, subpoenas and other legal notices.

Back to basics: FLSA issues during the coronavirus crisis

03/23/2020
Your responsibilities under the Fair Labor Standards Act haven’t been canceled during the COVID-19 crisis. If you’ve sent employees home to work and some of those employees are nonexempt, you have a problem—tracking their work hours under the Fair Labor Standards Act. Here’s what you need to know about the FLSA.

DOL offers Q&As addressing coronavirus and FLSA, FMLA

03/12/2020
The Department of Labor’s Wage and Hour Division has released new guidance on how coronavirus and COVID-19 affect compliance with the Fair Labor Standards Act and the FMLA.

Multiple FLSA violations cost employer $100,000

03/02/2020
Tostada Regia restaurants in Houston will pay 438 employees at its eight locations a total of $100,126 after it found multiple ways to violate the Fair Labor Standards Act.

New NLRB rule clarifies ‘joint employer’ status

02/27/2020
The National Labor Relations Board has issued a final rule ending years of confusion about what constitutes a joint employer in the context of the National Labor Relations Act.

California appeals court nixes meal break class action

02/25/2020
A California appeals court has concluded that as long as an employer has not applied a written rest break rule that is illegal on its face, employees cannot pursue a class action against their employer based on the written rule. It’s a case of no harm, no foul.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Orange County, Calif. trucking co. delivering $200K in back OT pay

02/25/2020
C&W Trucking in Orange County will pay 56 employees $199,010 in back pay following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

OT salary level regs may affect 401(k), other plans

02/18/2020
If you reclassified some exempt employees as nonexempt in the wake of the new overtime salary threshold rules that went onto effect Jan. 1, you should now check your health benefit and 401(k) plan documents.

Comply with the law when requiring employees to work overtime

02/18/2020
In general, employers have the right to require employees to work overtime, as long as they are properly paid for the additional hours. However, that right is not unlimited.