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FLSA

Texas Workforce Commission wage claim ends FLSA case

08/30/2017
When a former employee asks the Texas Workforce Commission to order her former employer to cough up allegedly unpaid wages, the commission’s decision on what was owed can be used to end a Fair Labor Standards Act claim for the same pay.

Deciding contractor status reverts to 6-factor test

08/22/2017

Companies now have greater flexibility to engage outside labor without fear they will be charged with trying to dodge minimum wage or overtime rules.

Northwest Title ordered to pay $107k in back wages

08/09/2017
An administrative law judge has ordered Northwest Title, located in White Bear Lake, Minn., to pay two employees $107,893 in back wages and fringe benefits.

Surly tip pool violated state wage-and-hour law

08/09/2017
A Hennepin County District Judge has sided with a former bartender at the Surly Brewing Co. in Minneapolis in a dispute over the company’s tip pooling practices.

Give contractors plenty of leeway, so it’s clear they are truly independent

08/09/2017
If you plan on using independent contractors to get work done, be sure to grant those workers a great deal of autonomy and freedom to do their work as they see fit. The less effort you make to control how and when they do their jobs, the better off you are.

Reading Market, Pa. businesses settle overtime violations

08/02/2017
Two iconic businesses at Reading Terminal Market in Philadelphia have agreed to pay $660,117 in back wages and liquidated damages to 140 employees who alleged violations of the Fair Labor Standards Act.

House bill introduced to clarify joint-employer relationships

08/01/2017
The contentious issue of joint employment—in which two or more entities may be considered equally liable for employment law and labor law violations—will gain some clarity if bipartisan legislation introduced in the House of Representatives July 27 is enacted.

DOL formally starts process of revising OT rule

07/27/2017
With the July 26 release of what’s known as a request for information, the U.S. Department of Labor officially began a new effort to rewrite the rules that determine which exempt employees qualify for overtime pay when they work more than 40 hours in a workweek.

Take control of hourly abuse! Just banning off-the-clock work isn’t enough

07/21/2017
If you’re like most employers, you want to control who works overtime and when they do it. You no doubt have a sternly worded policy addressing the issue in your handbook. But a strong policy is only half the battle.

Get out your calculator to ensure bonuses comply with FLSA

07/17/2017
Under the FLSA, purely “discretionary” bonuses do not need to be included when calculating the regular rate. “Nondiscretionary” bonuses, however, must be included.