FLSA

Suit alleges mandatory off-the-clock work

01/29/2019

A federal court has authorized a class-action lawsuit alleging that workers were required to show up early to perform unpaid work.

‘Fair reading’ of FLSA exemptions gets a test drive

01/17/2019

In 2018, the U.S. Supreme Court ruled in Encino Motors v. Navarro that exemptions to the Fair Labor Standards Act should be given a “fair reading,” instead of a narrow construction. Two federal appellate court decisions have put their stamp on just what counts as a fair reading.

Wage lawsuits fall, but still near historical highs

01/17/2019

In 2018, U.S. employees filed 7,494 lawsuits in federal courts relating to wage-and-hour issues. That’s down a bit from the previous year, but still running at historically high levels.

Exempt employees and the reasonable relationship test

01/11/2019

The reasonable relationship requirement exists so an employer may compute an exempt employee’s earnings on an hourly, daily or shift basis without the employee losing exempt status or the employer violating the salary basis requirement.

Alleged tip skimming prompts DOL lawsuit in Lansdowne, Pa.

01/07/2019

The U.S. Department of Labor has sued the owner of the Empire Diner & Restaurant in Lansdowne, Pennsylvania, after an investigation found willful violations of the federal minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act.

Tree service trimmed OT wages, now must pay up

01/07/2019

Sidelines Tree Service has agreed to settle U.S. Department of Labor Wage and Hour Division charges that it cheated employees out of overtime pay and violated the Fair Labor Standards Act’s record-keeping requirements.

Lubbock, Texas firm fined for short-changing pre-shift pay

01/04/2019

Llano Logistics in Lubbock, Texas, will pay 629 workers $244,208 in back pay and liquidated damages.

Seek expert legal advice when setting up complicated compensation structures

01/04/2019

Employers that try to simplify the FLSA overtime system by paying a set amount per week for all hours worked can easily get tripped up.

Travel reimbursements could be FLSA wages

01/02/2019

Under IRS rules, employers that provide a payment for travel expenses in lieu of requiring proof that workers incurred expenses don’t have to withhold taxes or contribute to and remit Social Security taxes based on the payment. But the Fair Labor Standards Act treats such payments differently.

DOL serious about nursing mother protections

12/20/2018

The U.S. Department of Labor has issued one of its first milk-expression break citations on the Trump administration’s watch.