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FLSA

Salary OK for nonexempts, as long as it covers OT

04/30/2018
It’s fine to pay an hourly worker a set salary as long as it covers appropriate overtime. You may deduct from the salary if the employee doesn’t work enough hours.

Document details of work, degree of control to prove worker is an independent contractor

04/30/2018
Facts matter. Documenting those facts can make it much easier to defeat a challenge from either the worker or a state or federal government agency.

Big win for Uber: Drivers are contractors

04/19/2018
A federal court in Pennsylvania has handed a big win to employers in a case that hinged on whether Uber drivers are properly classified as independent contractors instead of employees.

Off-the-clock allegations? Find the checkbook

04/12/2018
If you discover you have made a wage-and-hour mistake, the safest approach is often to make it right as soon as possible. If you dispute an employee’s wage claim, you may wind up paying far more in legal fees than you would have if you had simply paid the money the worker claims you owe.

DOL releases enforcement guidance on newly legal tip pools

04/10/2018
Apparently no longer required to wait for formal rulemaking to be complete, the Department of Labor’s Wage and Hour Division has issued a Field Assistance Bulletin describing how federal investigators will treat tip pooling practices they encounter.

Jenkintown, Pa. pub cooked books in addition to meals

04/03/2018
The owner of Drake Tavern in Jenkintown, Pa. will serve up $25,902 in back wages and an equal amount in liquidated damages to 50 employees after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered that managers consistently altered employee time card.

Are truck drivers automatically due overtime?

03/22/2018
Q. Are motor carriers exempt from complying with California’s usual overtime pay requirements?

Joint employers can be mutually liable for violations

03/22/2018
When separate entities seem to share common ownership and one dictates how the other operates, they may be joint employers. That may make them mutually liable for employment law violations.

California Supreme Court clarifies OT bonuses

03/22/2018
The high court unanimously ruled that when calculating overtime for pay periods in which an employee earns a flat rate bonus, employers must divide the total compensation earned in the pay period by only the non-overtime hours worked. This is contrary to the federal overtime method used under the Fair Labor Standards Act.

DOL pilots PAID program for some FLSA violations

03/20/2018
Some employers will soon be able to avoid the hefty penalties and double damages that usually result when the government discovers violations of the Fair Labor Standards Act.