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Wages & Hours

State pay law now covers out-of-state employees working in California

07/19/2011

A unanimous California Supreme Court has ruled that California-based employers must pay out-of-state resident employees based on the provisions of the California Labor Code, even if those employees only visit the state on a limited, temporary basis. The decision is worrisome for multi­state employers because it may open the door for more employee lawsuits seeking the generous protections offered by California law.

Are those employees similarly situated? Not if they’re acting like free agents

07/19/2011
A federal court has rejected a bid by two former employees to represent other similarly situated employees, based on the employer’s claim of conflict of interest. The court agreed that these particular employees weren’t the best choice to represent other workers.

No lunch, no break? You owe for 2 more hours

07/19/2011
The Court of Appeal of California has finally clarified how much em­­ployers owe employees who don’t get their required meal and other breaks. The penalty is two hours of pay per day if workers missed both types of breaks.

Classifying employees? Examine specific tasks

07/19/2011

Courts are becoming more reluctant to authorize massive class-action lawsuits. Example: A federal court has ruled that assistant restaurant managers who believe they were misclassified must bring individual lawsuits. They can’t proceed as a class. The practical impact: Most likely, lower damages.

Telework on the decline, thanks to down economy

07/15/2011
The total number of people who worked from home or another remote location for an entire day at least once a month has declined for the first time since the non­profit WorldatWork began measuring telework in 2003. The pull-back from telework reflects a psychological shift driven by the anemic economy, according to authors of a WorldatWork report.

New FLSA regs mean it’s time to review wage-and-hour practices

07/13/2011

New regulations implementing the FLSA are now in effect, and they mark a significant change in federal wage-and-hour rules—and how the DOL enforces them. The new regulations were created to make FLSA regulations consistent with changes driven by other applicable federal laws. Be mindful of these new regulations and the additional burdens they impose.

Milton car dealership settles wage-and-hour dispute

07/13/2011
Milton-based McKenzie Buick GMC has settled a dispute over minimum wage, overtime pay and tracking of employees’ hours worked. An investigation by the U.S. Department of Labor’s Wage and Hour Division revealed the dealership wasn’t maintaining accurate records of the hours many of its salespeople worked.

What’s this new technology designed to help employees track their hours worked?

07/13/2011
Q. I heard something about a new wage-and-hour smartphone app that the Department of Labor has announced. What does it mean for our company?

Factor in employee discretion when tech changes start to affect FLSA classifications

07/13/2011
As the world of work becomes more technologically driven, some employees are seeing their job responsibilities change. Those jobs may then change from hourly to exempt under the FLSA.

DOL cracks down! Are your classifications FLSA-compliant?

07/12/2011
In the past year, the U.S. Department of Labor has renewed its focus on combating employee misclassification, and there has been a recent significant increase in the number of wage-and-hour lawsuits. In many of these cases, workers are challenging their designation as exempt employees under the Fair Labor Standards Act.