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FLSA

Travel time: Must we begin paying employees when they leave their homes?

11/13/2012

Q. Some of our employees are required to drive our company vehicles from home to various work sites in our area. Are we required to pay them starting from the time they leave home?

DOL sues Houston emergency medical services companies

11/13/2012
The DOL has filed a lawsuit against three Houston-based ambulance companies—Pride EMS, Allyn Medical EMS and North Cypress EMS—and their common owners, seeking an injunction for alleged Fair Labor Standards Act violations.

Houston ice cream workers get double scoop of back OT

11/13/2012
An ice cream parlor franchisee will pay almost $31,000 to 12 employees following a U.S. Department of Labor investigation that found that the Marble Slab Creamery shops violated the Fair Labor Standards Act by failing to pay overtime.

For exempt status, it’s job duties that count

11/13/2012
Giving someone a fancy title doesn’t make him an exempt employee who’s ineligible for overtime pay. Real duties determine exempt status.

Supreme Court will address key employment law cases this term

11/09/2012

The Civil Rights Act of 1964 dominates this year’s employment-related Supreme Court docket, with the Justices hearing two cases involving Title VII of that landmark law. Also to be decided between now and next June: cases involving the FLSA and ERISA.

El Nacho Grande chain faces wage-and-hour lawsuit

11/09/2012
The El Nacho Grande chain, with restaurants in Cincinnati and Dayton, faces a U.S. Department of Labor lawsuit after investigators found evidence that the company’s pay policies violate the Fair Labor Standards Act.

Do long hours change part-time status?

10/27/2012

Q. Many of our part-time warehouse employees have recently been putting in well over 40 hours per week. Do we have an obligation to change their status to full time?

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?