FLSA

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.

Can part-timers be salaried workers?

04/30/2014

Q. Can we pay any of our part-time employees as salaried employees?

San Diego newspaper delivery drivers awarded $5M

04/23/2014

Workers who delivered the San Diego Union-Tribune will split a $5 million judgment against the paper’s former owner. A state judge ruled that about 1,200 carriers who worked for the paper from 2005 to 2007 were employees, not independent contractors.

Is a salary only for full-timers?

04/18/2014

Q. Can part-time employees be salaried?

Informal hiring input does not an exec make

04/15/2014

Managers and supervisors are often classified as exempt from overtime under the FLSA’s executive exemption. It requires that the employee have the authority to hire and fire or make hiring and firing recommendations that carry particular weight. Some employers believe they can meet this requirement by asking for recommendations or insight into potential hires. That’s not enough.

Wage-and-hour 101

04/14/2014

Properly paying employees is one of the most basic employer responsibilities, yet wage-and-hour cases continue to flood the legal system. It’s critical to understand the laws that govern when workers must be paid.