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FLSA

2nd Circuit says interns don’t necessarily have to be paid

08/13/2015
In two recent cases decided in July, the 2nd Circuit Court of Appeals has held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act and the New York Labor Law.

Less than a month for employers to comment on white-collar OT rule

08/10/2015
Unless a requested extension goes through, employers only have until Sept. 4 to submit comments on the U.S. Department of Labor’s proposed rule that would raise the salary threshold that makes white-collar employees eligible for overtime pay.

Is DOL’s Wage & Hour Division looking at you?

08/10/2015
Recent initiatives by the U.S. Department of Labor’s Wage and Hour Division can cause very real problems, particularly for employers in low-wage industries. They’re a target-rich environment for cracking down on minimum wage and overtime pay violations. What’s the best way to stay out of WHD’s cross hairs?

What are the ‘off-the-clock work’ trouble spots?

07/30/2015
Q. Some of my employees have been griping that a portion of their job duties involves “off-the-clock” work. What are the rules regarding off-the-clock work, and what are some examples?

David beat Goliath, employers sometimes beat the DOL!

07/29/2015
A Texas company has been awarded attorneys’ fees as compensation for aggressive DOL tactics.

San Antonio restaurants must pay $500K for cooking books

07/29/2015
San Antonio-area China Sea restaurants got burned when investigators from the U.S. Department of Labor’s Wage and Hour Division (WHD) found the company maintained two sets of books, one showing them in compliance and one telling the true story.

Red Robin tip pool case to move forward in court

07/24/2015
Two former servers at Red Robin Res­­­­taurants in Wilkes-Barre and Dick­­son City, Pennsylvania, can proceed with their Fair Labor Standards Act class action against franchisee, Lehigh Valley Res­­tau­­rant Group, Inc. The suit alleges Lehigh’s tip pooling scheme violates the FLSA because it includes workers who only have a de minimus interaction with customers.

$1.25M lesson: Blue collar work is always eligible for OT

07/24/2015
A Texas-based oil and gas drilling company, ROC Services Inc., has settled an overtime lawsuit filed by two workers in Pennsylvania. Two employees testing wells filed suit, alleging the employer’s pay scheme ran afoul of the Fair Labor Standards Act.

DOL redefining ‘independent contractor’

07/21/2015
Continuing its attack on misclassification of employees, the U.S. Department of Labor has released new guidance that clarifies how companies should distinguish between employees and independent contractors.

Employee or independent contractor: DOL’s ‘economic realities’ test

07/21/2015
To classify workers as either employees or independent contractors, the Department of Labor says employers should use this “economic realities” test.