FLSA

$5.6 million mistake: Misclassifying employees as contractors doesn’t save money

01/27/2023

Some employers look for almost any excuse to treat workers as independent contractors instead of employees. The reason is usually simple: Contractors generally cost less than employees. However, those savings can be wiped out in a flash if the Department of Labor’s Wage and Hour Division determines those contractors should really have been classified as employees all along.

Begin complying with PUMP Act immediately

01/24/2023

The recently enacted PUMP Act—PUMP stands for Providing Urgent Maternal Protections—expands new mothers’ rights to express breast milk at work. Employers must begin complying now.

Pay for travel time to voluntary OT shift?

01/17/2023

If an hourly employee has to travel from one location to another to continue their principal activities during the workday, then that’s paid time. Commuting time, however, is unpaid. But what if an employee completes a full shift at one location and voluntarily takes on an overtime shift at a different location?

Ignore DOL investigators, leave work in handcuffs

01/13/2023

The owner of three northern New Jersey restaurants has learned that not cooperating with a federal investigation and ignoring federal court orders can earn you a trip to jail.

Plan now for the coming higher OT salary threshold

01/13/2023

The U.S. Department of Labor has announced plans to raise the salary threshold that qualifies white-collar employees for overtime pay. With a notice of proposed rulemaking due in May, HR pros should start preparing now for changes that will probably have to be implemented by the end of the year.

DOL to propose new OT threshold by May

01/11/2023

Millions more white-collar employees could become newly eligible for overtime pay later this year. The Department of Labor has confirmed plans to update the overtime salary threshold by May.

Avoid this tipping trap

01/04/2023

Tipping is tricky for those who give (how much?) and for those who receive—do they pool the tips and divide them, or pocket tips individually? However, one touchstone rule under the Fair Labor Standards Act is clear: Tips are for employees.

DOL cracks down on child labor violations

12/09/2022

DOL investigators found 101 teenagers worked impermissible hours at multiple McDonald’s restaurants in Pittsburgh. The DOL fined the franchisee $57,332 for violations of child labor laws at the 13 McDonald’s locations the husband and wife operated.

Submit your comments: Independent contractor or employee?

12/09/2022

Speak now! The classification (or misclassification) of workers as contractors or employees has been bedeviling employers and courts for some time. The DOL wants to revise the rule under the Fair Labor Standards Act and seeks comments from the public until 11:59 p.m. on Dec. 13, 2022.

Overtime for highly paid worker: overmuch?

11/29/2022

An employee paid $200,000 is suing for overtime, and the case is pending before the Supreme Court. Employment lawyers are watching this case carefully.