FLSA

Following recent cases, review piece-rate pay & commissions

08/22/2013

In April 2013, a California Court of Appeal decided that automobile service technicians, who were paid on a “piece-rate” basis, must also be paid at least the minimum hourly wage for the time that they are required to wait between their piece-rate-paid repair jobs. On July 19, the California Supreme Court refused to review the appeal court ruling, making it binding law.

Rules against off-the-clock work don’t end OT claims

08/20/2013

Most employers have strict rules against working overtime without authorization. They use time clocks or other tracking systems to keep accurate records. But what if supervisors tell employees to work before they clock in or after they clock out?

Hell hath no fury like an English major scorned

08/13/2013

Publishing giant Condé Nast is being sued by two college students who allege they were illegally underpaid while interning at two of the company’s flagship magazines.

How far must we go in tracking meal breaks?

07/26/2013

Q: Must nonexempt employees enter the time they leave and return from lunch, or can we assume that they took their lunch hours unless otherwise noted in their time records?

How should we pay for overnight travel?

07/23/2013

Q. I know that the laws on overnight travel time are more restrictive in California than under federal law. Does the overnight travel rule under federal law apply in California or does an employer have to pay all travel time even if overnight travel is involved?

7 do’s and don’ts to keep wage-and-hour lawsuits at bay

07/23/2013

During a recent 12-month period, more than 7,750 FLSA wage-and-hour lawsuits were filed in federal courts, an increase of almost 10% over the preceding 12 months. The good news: There are some simple ways for employers to reduce the risk of wage-and-hour suits.

Employment status notification bill proposed

07/10/2013

A bill before the North Carolina House of Representatives would require employers to give employees notice of their employment status at the time of hire and when any material change in the employment relationship occurs.

To pay or not to pay: Interns aren’t just a source of free labor

07/09/2013

It’s summertime, and college interns are filling corporate America’s cubicles. How many of those fresh-faced kids are wage-and-hour lawsuits just waiting to happen?

Starbucks shift bosses tipped, assistant managers stiffed

07/09/2013

The New York Court of Appeal—the state’s highest court—has ruled that Starbucks baristas in New York must share tips with their shift supervisors. Assistant managers, however, are out of luck. The court said they don’t get a cut of the nickels, dimes and quarters left in the jars on the Starbucks counters.

What should we do? Our summer intern is suddenly demanding back pay?

07/05/2013

Q. We hired an intern for the summer. She was eager to work for free to add it to her résumé … We told her that after this week we won’t need her. That’s when she said we owe her minimum wage or she’ll complain to the Department of Labor. Do we really have to pay her?