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FLSA

Pot business’s FLSA defense goes up in smoke

01/31/2019
State and municipal laws legalizing marijuana sales for recreational and medicinal purposes have created a legal limbo.

Contractor pays $2.8 million for prevailing wage violations

01/29/2019
Federal contractor Fedcap Rehabili­tation Services has agreed to pay more than $2.8 million to 443 em­­ployees at 17 locations to settle charges the company violated a law requiring contractors to pay a prevailing wage.

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.