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Wages & Hours

Kitchen cabinet firm closes door on wage-and-hour suit

04/19/2010
A federal judge in Northern California has granted preliminary approval to a settlement reached between U.S. Remodelers Inc. and 270 current and former workers who sued the company for wage-and-hour violations.

Stop the state-federal-state litigation merry-go-round

04/19/2010
Just when you think a lawsuit will be resolved, something happens that starts the whole process over again. That’s why it’s so important to prevent lawsuits in the first place.

Of driving time and computer connections: 9th Circuit revisits before- and after-work pay

04/19/2010
Last year we told you about a recent 9th Circuit Court of Appeals decision on whether time employees spend commuting to a remote job site was compensable time. The court ruled that under both California law and the FLSA, driving a company car from an employee’s home to his first job location of the day was not work time but was instead unpaid commuting time. Well, now the same 9th Circuit panel has changed its ruling …

Let employees dress at home to cut FLSA risk

04/19/2010
Here’s a simple risk-reduction measure for employers that require employees to wear a uniform they need to put on before the start of a shift. You can reduce your chances of being on the losing end of a wage-and-hour lawsuit by giving employees the option to suit up at home.

Miami-Dade enacts ‘wage theft’ ordinance

04/15/2010

Miami-Dade County employers now have another reason to properly classify employees: On March 1, failure to pay an employee wages he or she is due became “wage theft.” The ordinance is the first of its kind in the nation. According to a county statement, the intent is to allow employees a forum to quickly address pay issues without joining a federal class-action lawsuit.

Nurses settle wage-fixing complaint with Chicago hospitals

04/15/2010

In a case that could have a ripple effect in four other states, Illinois nurses have settled a lawsuit that claimed Chicago-area hospitals colluded to depress wages in violation of antitrust laws. Nurse Alliance, affiliated with the Service Employees International Union, has filed similar lawsuits against hospitals in Michigan, New York, Tennessee and Texas.

Employee doing more than one job? Make sure all fit FLSA exempt status

04/15/2010

In these hard economic times, lots of businesses are restructuring jobs to cut costs. Sometimes that involves assigning an employee to perform two very different kinds of work. If you find yourself asking exempt employees to double up like that, be careful not to run afoul of the Fair Labor Standards Act. Make sure that both jobs being performed fit into one of the exempt categories—though not necessarily the same one.

Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?

04/15/2010
Q. One of our salaried supervisors has informed us that he needs to take two hours off work each week for the next two months to undergo medical treatment. His physician has certified his illness as a “serious health condition” under the FMLA. May we reduce his pay for the time he will miss work, or are we required to continue to pay his full salary to retain his exempt status under the Fair Labor Standards Act?

Florence company to pay quarry workers for back overtime

04/15/2010
The U.S. Department of Labor has announced that Cobra Stone will pay its quarry workers $364,403 in overtime back wages. The Florence-based company, which produces natural stone for construction projects, will pay the back wages to 169 current and former employees.

Katrina cleanup workers get $1 million in back OT

04/15/2010

The U.S. Department of Labor’s Wage and Hour Division has settled a lawsuit against an Irving-based engineering and construction firm for failing to pay employees assigned to cleanup crews following Hurricane Katrina. The overtime award to the workers: $1 million. Under a consent judgment, Fluor Enterprises, which was the general contractor with FEMA, will pay 154 workers.