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FLSA

New DOL opinion letters address wage-and-hour issues

12/18/2018
The DOL issued four opinion letters in early November in response to employer requests. All the letters dealt in some way with how to comply with the FLSA.

New York City enacts new lactation room requirement

12/18/2018
Effective March 19, 2019, employers with at least four employees must have a lactation policy and lactation room available for employees.

$3.2 million bill for contractor misclassification

12/12/2018
A recent settlement shows just how much the U.S. Department of Labor dislikes seeing employers game the system by trying to classify employees as independent contractors.

Worker demands back overtime? Investigate and, if warranted, pay up

12/06/2018
If an employer pays overtime incorrectly, it may be liable for up to two years of unpaid overtime, doubled as a penalty. But if an employer’s overtime mistake is “willful,” that liability reaches back another year, adding to the cost.

Prepare for new labor and employment laws

12/06/2018
With 2019 just around the corner, now is the time to preview labor and employment laws that will soon affect employers.

California courts take a hard line on independent contractor classification

11/28/2018
Two recent California court decisions have made it much harder for California businesses to establish that workers are independent contractors rather than employees.

DOL opinion letters address FLSA questions

11/21/2018
The U.S. Department of Labor is making up for lost time. After suspending DOL opinion letters for most of the Obama administration, it has issued a blizzard of them in the last year. Here are two interesting recent ones.

$385k judgment against Yonkers health care facility

11/14/2018
A nursing home in Yonkers and its owner will have to pay over $385,000 in back pay and penalties to 81 employees after investigators found numerous violations of the Fair Labor Standards Act.

Midterms to affect employment law landscape

11/08/2018
Two years of Republican control of Washington ended Nov. 6 with Democrats seizing control of the House of Representatives. That gives Democrats some say on setting the legislative agenda, including employment law issues.

Per diem payments aren’t wages for overtime purposes

10/31/2018
Do you pay a per diem to employees who work away from home for several days or more? It’s not compensation. That means per diem payments should not be included in the base pay you use to calculate overtime wages.