FLSA

Time is now for overtime pay scrutiny

11/22/2022

Some commentators predict that the DOL might only raise the minimum wage. Others think the delay might mean the wage will rise with inflation. But while we wait, lawsuits and pay transparency trends are not off the clock.

Don’t make this $56.5 million mistake

11/15/2022

The San Diego City Attorney’s Office sued Instacart, alleging that its shoppers should be classified as employees rather than independent contractors.

Don’t round time! Every minute counts

11/08/2022

Home Depot’s practice of rounding hourly employees’ total daily hours to the nearest quarter hour rather than the actual time worked, as recorded by a timekeeping system, resulted in underpaying an employee.

IC vs. employee rule: Expect delays

11/01/2022

The DOL’s recent proposed rule on how to distinguish an independent contractor from an employee differs from the Trump administration’s rule, which never went into effect. Before the Biden administration’s rule took effect, there was already a lawsuit on procedural grounds and related delays.

DOL eyes employers’ high earners

11/01/2022

You may think that paying employees a large salary automatically means you won’t be targeted by the Department of Labor for FLSA overtime violations. Isn’t it reasonable to expect employees who earn $100,000 or more to be exempt from overtime? Unfortunately, the DOL doesn’t see it quite that way.

About time: Bill for truckers makes progress

09/29/2022

A new bill, Guaranteeing Overtime for Truckers Act, would eliminate the overtime exemption of the FLSA and have truckers beeping their horns in celebration.

Banning noncompetes for the nonexempt

09/22/2022

Rep. Mike Garcia (R.-Calif.) introduced the Restoring Workers Rights Act on Sept. 1 2022, a bill that would ban the use of noncompetition agreements for nonexempt employees across the country.

Pay time-and-a-half or pay the price

09/22/2022

U.S. Department of Labor investigators found Done-Rite Tree Co. failed to pay overtime wages to 39 nonexempt workers in violation of the Fair Labor Standards Act.

Diner ordered to dish up $1.35 million

09/20/2022

The Empire Diner in Lansdowne, Pa., learned the hard way it’s not nice to steal your servers’ tips.

FLSA, religious bias cases on docket this fall

08/11/2022

The U.S. Supreme Court returns for its new term in October and already has scheduled two cases affecting employers. One will address whether employers can ever pay a daily rate to an employee classified as exempt. The other will clarify whether an employer’s religious views can exempt it from state and federal nondiscrimination laws.