FLSA

TGI Fridays served with class action in N.Y. court

06/09/2014

Hospitality giant Carlson Restaurants faces a class-action suit alleging numerous Fair Labor Standards Act violations at the TGI Fridays casual dining chain.

Unwritten rules: Are your supervisors quietly encouraging off-the-clock work?

06/05/2014

Many employers think that simply writing a policy prohibiting off-the-clock work and unapproved overtime will protect them from overtime claims by hourly employees who work beyond their shifts. But courts won’t be swayed by an employer’s “we told them not to work” assertion.

Federal wage-and-hour lawsuits hit record high in 2013-2014

06/05/2014

An all-time high 8,126 Fair Labor Standards Act cases were filed between April 1, 2013, and March 31, 2014—a 5% increase over last year, and a 426% increase over 20 years.

Labor Department to change FLSA’s overtime exemptions?

06/03/2014

According to Littler Mendelson employment lawyer Ilyse Schuman, word on the street in Washington is that the Labor Department will release a plan to overhaul the Fair Labor Standards Act’s overtime exemptions sometime “before November.”

San Antonio fast food franchisee hit with OT suit

05/28/2014

A San Antonio area franchisee faces charges he failed to pay proper overtime to his employees. Wessam “Sammie” Aldeeb operate eight restaurants, including Subway, Great American Cookies and Marble Slab Creamery stores. A recently filed suit seeks class-action status for at least 125 current or former employees of Aldeeb’s franchises.

DOL provides new guidance on ACA-mandated lactation breaks

05/22/2014

The ACA health care reform law amended the Fair Labor Standards Act to require employers to provide a place for nursing mothers to express breast milk. The law includes specific requirements the space must meet to comply.

11 employment laws (almost) every employer must follow

05/13/2014

Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of businesses that must comply. Use the following list to make sure you’re not spending time and money complying with laws that only apply to larger businesses.

Don’t try to recoup overpayments in FLSA suit

05/01/2014

Some employers end up overpaying for time worked when, for example, employees continue to draw a paycheck while home on some sort of leave. But if you happen to face an FLSA lawsuit over unpaid overtime, don’t expect the court to let you credit those overpayments when it’s time to compensate unpaid overtime hours.

Key to maintaining contractor status: Don’t exert too much control over the work

05/01/2014

There’s a fine line between spelling out expectations and unduly controlling exactly how contractors and subcontractors do their jobs. If you use too heavy a hand, those workers you consider to be independent contractors can morph into employees. And that can mean expensive litigation.

In Philly, ‘Pete’s Tax’ refund to employees: $8.5 million

04/30/2014

The Philadelphia-based Chickie’s and Pete’s sports bar and restaurant chain has agreed to settle charges it stole tips from employees and failed to pay the federal minimum wage.