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FLSA

Night shift assignments: Must we pay more?

04/25/2013
Q. We aren’t getting volunteers to cover evening hours, so we’ve decided to rotate everyone into the evening shifts. I am hearing that we have to add a “shift differential” to those who work nights. Is this true?

Another reason to let managers set their own hours

04/23/2013
Here’s incentive to give managers more control over their own schedules. It could prevent one dis­­gruntled employee from turning a simple lawsuit into a class action that covers everyone else with a similar job. That might make the difference between a small verdict and a huge one.

Prepare for more–and more expensive–pay litigation

04/19/2013
Wage-and-hour litigation is the fastest-growing employment law threat employers face, according to a study by the Crowell & Moring law firm. It costs an average of $5.8 million to settle a wage-and-hour case, largely because so many are class-action lawsuits.

DOL’s 2014 budget request tips off coming enforcement blitz

04/17/2013
The DOL’s FY2014 budget request reveals plans to greatly step up enforcement of the FLSA, the FMLA and workplace safety laws—and a looming crackdown on independent contractor misclassification.

Pay for clothes-changing time? High court to rule

04/17/2013
The U.S. Supreme Court has agreed to rule on a controversial issue: whether time that employees spend putting on (and taking off) safety-related gear should be considered “paid time.”

Settling wage-and-hour case? You’ll pay worker’s lawyer, too

04/11/2013
Before you settle an FLSA claim for what you might consider “peanuts,” remember that any settlement will probably include court-authorized legal fees that you will have to pay to the employee’s lawyers. That’s because any success in collecting unpaid overtime or minimum wages also means the employee who wins that money is entitled to have his legal fees paid.

Using uniforms, cleansers probably means FLSA applies

04/03/2013
Some employers think they can ignore federal wage-and-hour rules because they are small and don’t hit the $500,000 annual sales volume required to be covered by the FLSA. That rarely works because merely engaging in interstate commerce by using uniforms and cleaning supplies may be enough.

On the DOL’s regulatory horizon: WHD rules, ‘right to know’

04/03/2013

The most recently released regulatory agenda of the DOL focuses on three major areas: 1. A “plan/prevent/protect” strategy that seeks to achieve compliance with workplace laws each and every day. 2. A departmental commitment to openness and transparency. 3. Reducing employee risk.

Feds seek more than $1 million from San Antonio restaurants

04/03/2013
The U.S. Department of Labor’s Wage and Hour Division is seeking a fortune in fortune cookies from three San Antonio-area China Sea Restaurants after an investigation revealed massive minimum wage, overtime and recordkeeping violations.

Frisco car wash cleans up act, pays employees back

04/03/2013
Genter’s Detailing in Frisco, Texas, has agreed to pay $22,345 to its employees follow­ing a DOL Wage and Hour Division investigation. The in­­vestigation revealed that the car wash and auto detailer regularly reduced the wages of 53 current and former employees by $200 to $400 for costs allegedly associated with damage to vehicles under their care.