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FLSA

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.

Off-the-clock allegations? Find the checkbook

04/12/2018
If you discover you have made a wage-and-hour mistake, the safest approach is often to make it right as soon as possible. If you dispute an employee’s wage claim, you may wind up paying far more in legal fees than you would have if you had simply paid the money the worker claims you owe.

DOL releases enforcement guidance on newly legal tip pools

04/10/2018
Apparently no longer required to wait for formal rulemaking to be complete, the Department of Labor’s Wage and Hour Division has issued a Field Assistance Bulletin describing how federal investigators will treat tip pooling practices they encounter.