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FLSA

How to manage ‘job creep’ in today’s jobless recovery

06/30/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent Spherion Staffing survey. That’s “job creep,” and it’s a big problem. Job creep has important employment law implications and it also means many of your job ­descriptions are probably outdated.

Feds issue new tip-credit pooling rules

06/30/2011

Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled. The ruling comes as part of a new regulation clarifying the tip-pooling issue and establishing notice requirements for employers that use a tip credit for tipped employees.

What are the rules on unpaid interns?

06/30/2011
Q. We have received résumés from many college students looking for unpaid positions this fall. Would we need to pay these interns?

Employee must prove ‘willful’ FLSA violation

06/30/2011
The FLSA can be a trap for employers that don’t properly classify their workers. In fact, getting classification wrong can lead to class-action lawsuits and large back-pay awards. And to confuse things even more, if the employer acted “willfully,” employees get those double awards going back three years. Now the 5th Circuit Court of Ap­peals has at least made it a little harder for employees to collect those damages for three years.

Feds issue new tip-credit pooling rules

06/23/2011
Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled.

When workers must wear special gear, beware lawsuit if you don’t pay for ‘donning & doffing’

06/23/2011
Employees who believe they haven’t been properly paid for the time they spend getting into and out of protective gear are engaging lawyers and filing class-action lawsuits.

Do we have to pay for nonexempt’s travel time for one-day out-of-town trips?

06/23/2011
Q. One of our executives will be making day trips once a week to Boston from Philadelphia for a special assignment. Do we have to compensate the secretary (she is nonexempt) for her travel time to and from Boston?

Appeals court: Walmart owes $188 million for unpaid work

06/23/2011
The Pennsylvania Superior Court has upheld a $188 million verdict against Walmart stores and Sam’s Club warehouse stores in a case involving 187,000 current and former employees. A jury had concluded that’s what the retailer owed employees for rest breaks that should have been paid and for off-the-clock work.

Telework before commute: Is drive time paid?

06/23/2011

Many employees spend time at home before or after their workday checking email. For nonexempt employees, that work could count as paid time if it amounts to a “substantial” amount of time. But now some hourly employees have begun to raise a related issue: If they start the day with a few work emails, shouldn’t they be paid for the time they spend commuting to work?

Employee fired for filing Form SS-8 may sue

06/20/2011
A worker who was fired after admitting to his employer that he filed Form SS-8 with the IRS to determine his status as an independent contractor or employee can continue his lawsuit for unpaid overtime, a federal trial court has ruled.