FLSA

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.

Back-to-school: How to manage leave requests

08/30/2024

The start of each school year brings new responsibilities that pull employees away from work. You may try to be flexible with your parent-workers, but how far you bend depends in large part on whether employees are nonexempt or exempt under the Fair Labor Standards Act and state short-term leave laws.

Bosses’ personal assets are at risk! How to dodge the spike in wage-and-hour lawsuits

08/23/2024

Want to stop bosses from allowing off-the-clock work or looking the other way when employees work unpaid overtime? Remind them that, unlike some other employment laws, the Fair Labor Standards Act lets employees sue supervisors (and HR professionals like you) personally—not just the organization itself.

DOL recoups millions for independent contractors

08/22/2024

The DOL determined that the technicians were highly dependent on the company for work that was directed and controlled by the company.

Travel time & money: Lessons for employers

08/20/2024

Tracking working time and reimbursing nonexempt employees for their traveling expenses can be difficult tasks. Fail to do both and you’ll end up in the middle seat on a long flight to nowhere. Two cases illustrate.

DOL wage-theft trial ends in $38.8 million judgment against Pennsylvania nursing homes

08/05/2024

In one of the nation’s largest-ever wage-recovery judgments, a federal court in Pennsylvania has awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers employed by the operators of 15 nursing homes and assisted-living facilities in western Pennsylvania that willfully denied them overtime pay.

Prepare to pay for time spent waiting to log in, sign off

07/26/2024

A federal appeals court recently reminded a lower court that the FLSA requires paying hourly workers for all time spent working on their employer’s behalf—unless pre- and post-shift activities are so inconsequential that they constitute de minimis time.