FLSA

Reality–not labels–determines workers’ status

10/23/2012

If you classify any workers as independent contractors, now’s a good time to make sure you get those classifications right. The IRS and the DOL last year launched a massive “Misclassification Initiative” to identify employers that are labeling employees incorrectly as independent contractors to save on taxes.

U.S. DOL launches probe of Southland garment industry

10/22/2012

The DOL’s Wage and Hour Division (WHD) has begun a multiyear enforcement initiative that could result in sanctions against Los Angeles and Orange County employers in the garment industry. According to the WHD, the garment industry consistently violates federal wage-and-hour laws.

How do we pay hourly staff for out-of-town travel?

10/19/2012

Q. I need to send a nonexempt employee to training for two days out of town. We’ll pay his mileage, hotel, meals and training costs. We plan to pay him for a normal eight-hour workday for both days … Do we have to pay for off-duty hours since the employee needs to stay at the training venue?

What to do? Breastfeeding breaks have turned into major workplace interruptions

10/18/2012

Q. As required, we provide milk-expression breaks. However, a new mother on our staff is having her mother, who cares for the newborn, bring in the baby twice a day to nurse. It would be OK if she just nursed and then sent grandma and baby home. But these breaks are taking 30 minutes or more as co-workers admire and play with the baby. Can we just tell her to express and refrigerate the milk?

8th Circuit relaxes meal break pay requirements

10/12/2012

The DOL says meal times are paid time unless employees are completely relieved of their duties during breaks. The 8th Circuit says the correct rule is that employers can require employees to be ready to work during meal times without affecting its unpaid status. This is known as the “predominantly for the benefit of the employer” standard.

Assigning ‘too much’ work? Beware lawsuit for encouraging unpaid labor

10/10/2012

You may be tempting fate—and an FLSA class-action lawsuit—if your managers are demanding so much productivity from employees that they can’t reasonably get everything done in the time you allow. The problem: Nonexempt employees may feel compelled to work off-the-clock.

Ohio sushi chefs to slice up at least $100K in back pay

10/09/2012

Sushi Rock restaurants failed to ensure tipped employees made at least minimum wage, according to the DOL’s Wage and Hour Division. Now the chain must pay at least $100,000 in back pay, to be split among 54 employees.

Timekeeping records: Know the rules for exempt & nonexempt staff

10/08/2012

Employers with casual timekeeping systems are much more likely to face lawsuits over unpaid wages than organizations with strict record-keeping rules. Some simple procedural guidance can help keep you out of court. Here’s how the record-keeping requirements for exempt employees differ from those for nonexempt workers.

Arlington firm owes $53K in overtime wages

10/05/2012

Arlington-based Espitia Cleaning Inc. agreed to pay $53,095 in back wages to 130 current and former janitors following a U.S. Department of Labor investigation.

FLSA violations cost Houston restaurant $126,000