FLSA

Job descriptions: Why you need ’em, how to write ’em

02/05/2019

Federal labor law requires HR professionals to do a lot of different things. Writing job descriptions is not one of them. Because this arduous task is optional, many organizations skip right over it. That’s not wise. There are many practical and legal reasons to draft (and update) job descriptions.

Pot business’s FLSA defense goes up in smoke

01/31/2019

State and municipal laws legalizing marijuana sales for recreational and medicinal purposes have created a legal limbo.

Contractor pays $2.8 million for prevailing wage violations

01/29/2019

Federal contractor Fedcap Rehabilitation Services has agreed to pay more than $2.8 million to 443 employees at 17 locations to settle charges the company violated a law requiring contractors to pay a prevailing wage.

Suit alleges mandatory off-the-clock work

01/29/2019

A federal court has authorized a class-action lawsuit alleging that workers were required to show up early to perform unpaid work.

‘Fair reading’ of FLSA exemptions gets a test drive

01/17/2019

In 2018, the U.S. Supreme Court ruled in Encino Motors v. Navarro that exemptions to the Fair Labor Standards Act should be given a “fair reading,” instead of a narrow construction. Two federal appellate court decisions have put their stamp on just what counts as a fair reading.

Wage lawsuits fall, but still near historical highs

01/17/2019

In 2018, U.S. employees filed 7,494 lawsuits in federal courts relating to wage-and-hour issues. That’s down a bit from the previous year, but still running at historically high levels.

Exempt employees and the reasonable relationship test

01/11/2019

The reasonable relationship requirement exists so an employer may compute an exempt employee’s earnings on an hourly, daily or shift basis without the employee losing exempt status or the employer violating the salary basis requirement.

Alleged tip skimming prompts DOL lawsuit in Lansdowne, Pa.

01/07/2019

The U.S. Department of Labor has sued the owner of the Empire Diner & Restaurant in Lansdowne, Pennsylvania, after an investigation found willful violations of the federal minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act.

Tree service trimmed OT wages, now must pay up

01/07/2019

Sidelines Tree Service has agreed to settle U.S. Department of Labor Wage and Hour Division charges that it cheated employees out of overtime pay and violated the Fair Labor Standards Act’s record-keeping requirements.

Lubbock, Texas firm fined for short-changing pre-shift pay

01/04/2019

Llano Logistics in Lubbock, Texas, will pay 629 workers $244,208 in back pay and liquidated damages.