FLSA

Employee’s lack of records won’t get pay lawsuit tossed, so make sure yours are accurate

01/03/2018

Workers who claim they should have been paid overtime don’t have to come forward with detailed pay records to move the case into discovery. That’s because record keeping is the employer’s responsibility under the Fair Labor Standards Act.

Talula’s Garden settles OT suit for nearly $400k

01/02/2018

Talula’s Garden, the renowned farm-to-table restaurant in Philadelphia’s Washington Square, will have to pay 63 workers $197,917 in back wages and an equal amount in liquidated damages.

Snyder-Lance pays $1.6 mil to settle misclassification suit

01/02/2018

A federal judge in the Middle District of Pennsylvania has signed off on a $1.6 million agreement between snack maker Snyder-Lance and its route drivers.

Employment law by the numbers: Know which laws count

12/20/2017

Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business.

Misclassification doesn’t matter if pay meets minimum

12/18/2017

What happens if you misclassify an independent contractor and it turns out she should have been an hourly employee? Regardless of status, you don’t have to worry about meeting a minimum wage requirement if she earned enough to average out to the minimum wage.

Track hours worked … unless you want court to

12/06/2017

If you haven’t kept track of all worker hours, a court will ask employees for their estimates. And if the court thinks that isn’t accurate either, it will come up with its own estimate. That’s what happened in one recent case.

Kingwood, Texas firm digs in heels over unpaid OT, faces suit

12/06/2017

A Houston-area medical staffing firm refused to back down when the Department of Labor accused it of stiffing an employee out of overtime pay and then retaliating against the employee for complaining.

DOL proposes new tip-pooling rules to benefit back-of-the-house staff

12/05/2017

The U.S. Department of Labor has announced a proposed rule affecting Fair Labor Standards Act tip regulations that would give employers more options for sharing tips among more employees.

Wage-and-hour dispute? Seek settlement before employee has a chance to file suit

12/04/2017

If a case involving unpaid overtime or some other FLSA claims isn’t settled before the worker files a federal lawsuit, the law requires a federal judge to review any proposed settlement for fairness and consistency with the FLSA’s intent to protect workers from employer violations.

California law figures OT by the day, unlike federal FLSA

11/29/2017

A federal court considering a class-action lawsuit alleging violations of California law and the federal Fair Labor Standards Act has dismissed the FLSA claims because the allegations were unclear.