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FLSA

Slay the wage-and-hour dragon before it breathes class-action fire

12/24/2013
Employers increasingly understand the financial burden of defending wage-and-hour class-action lawsuits—not to mention possible settlement payments or damages following un­­suc­­cessful attempts to defend those suits. There are some practical steps you can take to dodge the threat of a costly class-action lawsuit.

States, localities raising minimum wages as Fed efforts stall

12/24/2013

President Obama on Dec. 4 voiced his support for a Senate bill that would increase the national minimum wage to $10.10 per hour. House Republicans oppose it, so the measure is unlikely to pass between now and the 2014 elections. However, half of Americans already live in states and locales with higher minimum wages than the federal rate of $7.25.

U.S. Supreme Court: Key HR law rulings to watch for in early 2014

12/12/2013
The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect em­­ployers. Look for decisions before the term ends in June 2014.

In Queens wage case, the Mythos and the reality

12/10/2013
The owners of Mythos, a Greek restaurant in Queens, have agreed to pay $329,000 in back pay and liquidated damages to 21 employees following an FLSA investigation by the DOL’s Wage and Hour Division.

How to pay if the weather outside is frightful

12/10/2013

When harsh winter weather bumps up against the FLSA, the result can be a blizzard of pay problems for you. Employees often come in late, leave early or miss work altogether when the weather is bad. How should you count their hours—and their pay?

Ignore an overtime lawsuit, hand a win to workers

12/03/2013
Can’t convince management that they shouldn’t ignore an overtime lawsuit? Share this horror story.

5th Circuit adds confusion to OT in misclassification cases

12/02/2013
It just got more complicated to calculate the overtime pay you owe a misclassified employee. In Black v. SettlePou P.C., the 5th Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt.

Hang ’em high: Rope execs get jail time for pay scheme

12/02/2013
In a stark reminder that the FLSA carries personal liability, three executives at Belton-based High Performance Ropes of America were convicted of felonies for their part in a scheme to exploit undocumented workers.

Found misclassification problem? Fix it fast

11/19/2013
Avoid costly litigation by reviewing how you classify your em­­ployees as exempt or nonexempt. If you discover you have made a mistake, fix it right away. You’ll cut your misclassification liability.

Supremes weigh: Pay just to change clothes?

11/19/2013
The U.S. Supreme Court on Nov. 4 heard oral arguments in the first of several employment law cases to be considered in the 2013-2014 term, this one hinging on the question: What does it mean to change clothes?