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FLSA

DOL: Did Happy Hands dip into paychecks?

09/21/2012
The DOL has filed a lawsuit against Happy Hands Car Wash in Santa Ana, seeking back wages and liquidated damages. A Wage and Hour Division investigation found the car wash was manipulating its payroll records in order to underpay employees.

Señor Fish on the hook for underpaying hourly wages

09/21/2012
Los Angeles-area restaurant chain Señor Fish has agreed to a settle a Fair Labor Standards Act lawsuit with the DOL. An investigation by the department’s Wage and Hour Division revealed the taquería business paid its employees “straight time” for all hours worked …

How to handle a DOL wage-and-hour probe

09/19/2012
You’ve just received notice that the DOL has launched an investigation into wage-and-hour issues at your company. It’s time to whip into action: Employers get just 72 hours’ notice of an FLSA investigation. Then investigators will be knocking on your door. That’s not much time …

Huh? Small biz owners call for minimum wage hike

09/18/2012
A coalition of small business owners is calling on Congress to increase the federal minimum wage to $9.80 per hour, or $2.55 more than the current rate. The goal: to increase poor workers’ spending in hopes of stimulating the economy.

Shooting range fined for child labor violations

09/17/2012
The Alexandria Shooting Park in Alexandria recently found out that having a parent’s permission isn’t enough to make it legal to hire an underage worker—or to shield an em­­ployer from child labor law violations.

In Lower Manhattan, how about a slice of class action?

09/10/2012
A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.

OK to place limits on meal break activities

09/04/2012

Under the FLSA, employees are supposed to be re­­lieved of all duties during meal periods. If they’re not, then meal breaks are considered paid time. That doesn’t mean employers can’t prohibit some meal break activities without having to pay employees.

Unauthorized overtime is your problem! Take steps to stop it–and punish rule-breakers

09/04/2012
According to the FLSA, even if you don’t know someone is working overtime, you can be sued if you underpay. The good news is you can crack down on unauthorized overtime by punishing an em­­ployee for failing to follow your clearly articulated no-unauthorized-overtime rule.

Tread carefully when unions settle wage claims

09/04/2012

The DOL generally takes a dim view of any attempt to negotiate away employees’ rights under the FLSA. For example, unions can’t say “no thanks” to the minimum wage or overtime pay during collective bargaining. However, there’s a difference between losing rights through the bargaining process and accepting a settlement that resolves conflicting wage claims.

Payroll records: Know exempt, nonexempt timekeeping requirements

08/28/2012
Employers subject to the Fair Labor Standards Act must keep rec­­ords for both nonexempt and exempt employees. The regulations don’t say which types of record-keeping or time­­keeping methods you should use, but they do specify the necessary data you need to maintain on all employees. Here’s the guidance you need to stay in compliance.