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FLSA

Misclassification doesn’t matter if pay meets minimum

12/18/2017

What happens if you misclassify an independent contractor and it turns out she should have been an hourly employee? Regardless of status, you don’t have to worry about meeting a minimum wage requirement if she earned enough to average out to the minimum wage.

Track hours worked … unless you want court to

12/06/2017

If you haven’t kept track of all worker hours, a court will ask employees for their estimates. And if the court thinks that isn’t accurate either, it will come up with its own estimate. That’s what happened in one recent case.

Kingwood, Texas firm digs in heels over unpaid OT, faces suit

12/06/2017

A Houston-area medical staffing firm refused to back down when the Department of Labor accused it of stiffing an employee out of overtime pay and then retaliating against the employee for complaining.

DOL proposes new tip-pooling rules to benefit back-of-the-house staff

12/05/2017

The U.S. Department of Labor has announced a proposed rule affecting Fair Labor Standards Act tip regulations that would give employers more options for sharing tips among more employees.

Wage-and-hour dispute? Seek settlement before employee has a chance to file suit

12/04/2017

If a case involving unpaid overtime or some other FLSA claims isn’t settled before the worker files a federal lawsuit, the law requires a federal judge to review any proposed settlement for fairness and consistency with the FLSA’s intent to protect workers from employer violations.

California law figures OT by the day, unlike federal FLSA

11/29/2017

A federal court considering a class-action lawsuit alleging violations of California law and the federal Fair Labor Standards Act has dismissed the FLSA claims because the allegations were unclear.

Labor Dept. aggressively pursuing back pay

11/27/2017

The Department of Labor under Secretary Alex Acosta is aggressively trying to recover back pay for workers who claim they’re being stiffed by employers that violate the Fair Labor Standards Act.

Minneapolis temp agency settles overtime pay dispute

11/21/2017

All Temporaries Midwest, based in Minneapolis, has agreed to settle after investigators from the U.S. Department of Labor alleged the company violated the Fair Labor Standards Act when it failed to pay enough overtime to employees who worked more than 40 hours in a workweek.

Minnesota Supreme Court affirms MFLSA: Employers can’t force employees to share tips

11/21/2017

The Minnesota Supreme Court has given the go-ahead to lawsuits against employers that fire workers who refuse to share their tips with other employees or the employer.

Acosta tells House he backs higher OT threshold, generally

11/21/2017

Labor Secretary Alex Acosta refused to name a target number when members of the House Education and Workforce Committee asked him about plans to raise the white-collar overtime salary threshold.