FLSA

‘Perfect storm’ for pay lawsuits: 6 do’s & don’ts

12/17/2015

If your organization hasn’t yet been hit with a pay-related lawsuit, consider yourself lucky. A new report shows the onslaught of wage-and-hour lawsuits continues to rise at a record pace.

Winter turns up heat on pay compliance

12/09/2015

The Fair Labor Standards Act is generally a fairly straightforward law—for most of the year. But winter weather—and the delays and closures that sometimes accompany it—can make wage-and-hour compliance more difficult.

The legal risks of failing to track hours

12/08/2015

Employers that don’t track how many hours employees work face a real disadvantage. If an employee sues for unpaid overtime, he or she will be able to use inexact estimates as proof of work done but unpaid. What’s more, should the employee win the case, those estimated hours end up doubled as punishment.

Case in point: How to handle tip-pooling arrangements in Texas

12/07/2015

You may have heard that the Department of Labor has been focusing some of its enforcement efforts on low-wage service industries, particularly restaurants and fast- food outlets. That’s true. But federal courts are also stepping in to ensure that low-wage employees get every penny they are entitled to. That’s what recently happened when the 5th Circuit Court of Appeals ruled in a tip-pooling case that the employee who makes coffee in the back (the barista) should not be participating in the restaurant’s tip pool.

Exempt status? Look at job duties, not title

12/07/2015

Too many employers make one key common mistake when deciding which employee to classify as exempt: They think calling a worker a “manager” or “executive” in the title is all it takes. Not true.

Cheating on overtime pay: Can it mean jail time?

12/03/2015

In one state, at least, they’re getting very serious about the consequences of shorting employees on what’s rightfully theirs.

Hybrid labor model could fuel new economy

12/02/2015

Are you concerned about using independent contractors now that the U.S. Department of Labor has made it clear that workers are employees if they depend on one company for their livelihoods? If so, there may be some good news on the horizon.

We think an employee is stealing money; can we deduct it from her wages?

11/24/2015

Q. I have noticed that a lot of inventory is leaving the store, but the money for some items is not in the cash register. I believe one of my employees is stealing money from the cash register. Can I deduct the cash shortfall from his wages?

DOL official: Overtime rules coming in late 2016

11/17/2015

Don’t look for release of those controversial changes to federal overtime laws anytime soon.

Employee or independent contractor? Avoiding misclassification

11/13/2015

On July 15, the U.S. Department of Labor issued new guidance regarding the classification of independent contractors as employees under the Fair Labor Standards Act, warning employers that the DOL considers most workers to be employees. Employer liability for misclassification can be substantial, making it crucial for companies to exercise caution when classifying workers as independent contractors.