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Wages & Hours

No double liability for state, federal classification claims

03/07/2014

Until now, employers covered by the FLSA faced potential double liability under the North Carolina Wage and Hour Act over unpaid overtime for workers misclassified as exempt. A recent decision makes clear that the federal FLSA takes precedence.

Multitasking doesn’t destroy exempt status when managers must do hands-on work

03/07/2014
Salaried retail managers often have to step in and perform nonmanagement tasks. The fact that they do some of the same things that hourly employees do doesn’t mean they aren’t exempt under the FLSA—as long as they are also managing at the same time.

Supreme Court rules on ‘donning & doffing’ in union shops

03/06/2014
The U.S. Supreme Court’s unanimous interpretation on Jan. 27 of the meaning of “changing clothes” in the FLSA is significant for unionized ­­employers in industries in which workers must change clothes to begin and end their work shifts.

22 states already surpass federal minimum wage

03/04/2014
For all the recent talk about raising the national minimum wage to $10.10 per hour, it’s worth noting that 22 states already require pay higher than the current federal minimum of $7.25 per hour.

Make sure handbook includes rules on off-the-clock work, missed break time

02/26/2014
With strong policies, employees (and their lawyers) will find it much harder to mount class-action wage-and-hour lawsuits. That’s because employees have to show that a common policy or practice was responsible for wage-and-hour violations.

Cover employee expenses–or prepare for court

02/26/2014

Now is a good time to make sure your employees are being properly reimbursed for expenses they incur while performing their jobs. The problem: If they aren’t reimbursed for those expenses, their pay may fall below minimum wage. And if that’s the case, they can quit and sue, alleging constructive discharge.

3% raises to remain the norm in 2014

02/25/2014
Base pay increases for 2014 will remain at 3% for the second year in a row—roughly one percentage point below pre-recession levels, according to Buck Consultants’ seventh annual Compensation Planning Survey.

N.Y. wage-and-hour news you can use: annual notices & tax credits

02/18/2014
Now that 2014 is in full swing, it’s time to make sure your organization is up to speed on new wage-and-hour obligations and prepare to take advantage of a new tax incentive for hiring student workers.

WHD rolls two sushi restaurants for OT violations

02/18/2014
Two Nassau County sushi restaurants will pay $261,887 in back wages and liquidated damages to 70 workers following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Obama: Higher minimum for fed contractors’ employees

02/18/2014
President Obama plans to issue an executive order requiring federal contractors to pay employees at least $10.10 per hour, starting in 2015.