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FLSA

Prepare for questions on Trump’s HR-related promises

11/08/2024
After President-elect Trump takes office on Jan. 20, 2025, expect a flurry of new policy proposals affecting HR and employment law—and efforts to roll back many of the Biden administration’s policies.

Ensure your organization complies with child-labor laws

10/28/2024
Recent data from the U.S. Department of Labor reveals a troubling spike in child-labor violations among U.S. employers. In fiscal year 2023, the DOL concluded 955 investigations that found child-labor violations, a 14% increase from the previous year.

On the Supreme Court docket: Cases to watch in the ‘24–‘25 term

10/21/2024
The U.S. Supreme Court will hear three important employment-law cases in its 2024–2025 term, which began Oct. 7 and will end in late June 2025.

Employers embrace pay transparency

10/10/2024
New laws in a growing number of jurisdictions now require some form of pay transparency from employers. The House of Representatives has introduced the Pay Transparency Act, which would amend the FLSA.

The 6-figure classification mistake you must avoid

09/27/2024
Classifying workers as independent contractors instead of employees has advantages for employers. There’s no need to provide benefits or pay the company’s share of Social Security taxes. Contractors are on the hook for all that. But if you make a classification mistake, it can cost you hundreds of thousands of dollars.

Federal appeals court affirms: Overtime salary test is valid

09/20/2024
Ruling in Mayfield v. DOL, the 5th Circuit Court of Appeals rejected a challenge by a Texas restaurateur who argued that nothing in the Fair Labor Standards Act gave the DOL the authority to base overtime pay on anything except the kind of work employees perform.

Who can sue you if employees work remotely?

09/19/2024
The Fair Labor Standards Act sets nationwide standards for wage-and-hour compliance and also allows employees to bring collective lawsuits against their employers for FLSA violations. Can employees who work remotely in far-flung states join together in one lawsuit and sue their employer?

Blue-collar classification: Manual work isn’t exempt, even when paid on salary basis

09/12/2024
Sometimes, it’s difficult to make the exempt/nonexempt classification call. One thing that’s certain, however, is that paying on a salary basis does not convert nonexempt employees into exempt employees.

DOL investigators target restaurants, recover $2.25 million in just one week

09/09/2024
The Department of Labor’s crackdown on the restaurant industry continues. Over the course of just a week in late August, the DOL secured more than $2.25 million in back pay, damages and penalties from restaurateurs who cheated employees out of tips, failed to pay for overtime hours and illegally employed minors.

DOL’s 80/20 tip-credit rule overturned

08/30/2024
A federal appeals court on Aug. 23 struck down a Department of Labor rule governing how tipped workers must be paid for performing work for which they cannot receive tips.