FLSA

When exempt ‘managers’ do all work, expect lawsuits

06/13/2019

When retail managers you classify as exempt from the Fair Labor Standards Act’s overtime provisions end up doing the bulk of the work in the store, you may have a misclassification problem.

$22,000: Cost of failing to provide space to pump milk

06/10/2019

The Affordable Care Act amended the Fair Labor Standards Act to require employers to provide nursing mothers a clean, private place (that is not a restroom) to express milk. Allegiance Behavioral Health Center, located in Plainview, Texas, apparently didn’t understand that.

Beware wage-and-hour lawsuits that might suddenly turn into class actions

06/10/2019

Here’s another reason to make sure you are carefully following the Fair Labor Standards Act’s overtime rules: Just one disgruntled and allegedly underpaid employee can file a class-action lawsuit and get the court to authorize contacting all other similarly situated workers to join in as plaintiffs.

Before signing settlement, consider other filings

06/06/2019

Sometimes, an employee files several discrimination complaints about incidents that are allegedly related. If you’re thinking about settling one complaint, be aware that other, related claims may remain outstanding.

DOL, NLRB decide: Gig workers are contractors

05/21/2019

Two recent federal government decisions make it clear: Gig economy workers such as Uber drivers and online app-enabled repair persons face an uphill battle in the fight to be recognized as employees and gain all the rights employees enjoy.

Provide breaks for nursing mothers: DOL punishing violators of ACA rule

05/14/2019

The Affordable Care Act requires employers to provide milk-expression breaks for new mothers and a private place that is not a bathroom. The U.S. Department of Labor is going after employers that don’t comply.

DOL says gig economy workers are independent contractors

05/02/2019

A new Department of Labor opinion letter delivers a big win for business, stating that workers who provide services to customers of a gig economy company are independent contractors, not employees.

Failure to pay overtime costs LA company $301,000

04/30/2019

Golden Life Supported Living Agency, a Los Angeles provider of services to clients with developmental disabilities, will pay $301,763 to 67 workers.

Federal vs. New York overtime rules: Do board, lodging and other allowances count?

04/24/2019

Q. Currently, to satisfy the New York state overtime rules, we include board, lodging and other allowances and facilities in that salary. We hit the $679 salary level contemplated in the federal DOL regs already if we include that amount. Do we have to back that amount off?

Start preparing now for new exempt overtime salary threshold