Management's already-daunting, time-consuming responsibilities are further complicated by the need to motivate employees to do desirable things and to deter them from doing unwanted things. It is therefore understandable that...more
10/13/2017
/ Best Management Practices ,
Employee Incentive Plans ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
Over-Time ,
Pay Reductions ,
Training ,
Wage and Hour ,
Workplace Safety
Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act. Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more
10/5/2017
/ Collective Bargaining Agreements (CBA) ,
Criminal Penalties ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Employment Records ,
Fair Labor Standards Act (FLSA) ,
Final Payments ,
Labor Standards Enforcement ,
Liquidated Damages ,
Minimum Wage ,
Pending Legislation ,
Recordkeeping Requirements ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour ,
Wage Theft
Employers sometimes discover that, due to mistake, inadvertence, misunderstanding, or a lack of knowledge, they have not paid all of the wages required under the federal Fair Labor Standards Act. In many instances, this does...more
When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a...more
The U.S. Department of Labor reports that a California restaurant company has agreed to take steps to remedy alleged:
? Non-compliance with the federal Fair Labor Standards Act's requirement that covered employers give...more
Employers of workers who are subject to the federal Fair Labor Standards Act's minimum-wage provisions are required to display a poster prescribed by the U.S. Labor Department's Wage and Hour Division. 29 C.F.R. § 516.4....more
While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more
7/6/2016
/ Child Labor ,
Civil Monetary Penalty ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Immigration and Nationality Act ,
OSHA ,
Visas ,
Wage and Hour
It's time for a reminder: Long-held conventional wisdom that might be questionable or even mistaken under the federal Fair Labor Standards Act (or the analogous laws of other jurisdictions) continues to face unprecedented...more
Employers in the retail industry take note: The U.S. Labor Department's Wage and Hour Division has announced that it is "reach[ing] out to [retail] workers to educate them about their rights" under the federal Fair Labor...more
Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it depends. Is...more
Expectations are that the U.S. Labor Department's proposed regulations re-defining the federal Fair Labor Standards Act's executive, administrative, professional, outside-sales, and derivative exemptions will be released in...more
Section 111 of the recently-enacted "Department of Labor Appropriations Act, 2015" directs that the federal Fair Labor Standards Act "shall be applied as if" there is an overtime exclusion for certain workers who are employed...more
"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more
The U.S. Labor Department's voluminous final regulations "Establishing a Minimum Wage for Contractors" under Executive Order 13658 (about which we have written previously) have now been published. The provisions and related...more
Chris is a non-exempt computer Help Desk employee. During one workweek of each calendar quarter, after his normal shift ends he leaves his workplace but is on-call for eight hours a day for each of seven days. On average,...more
We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive,...more
After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential...more
The best answer to our July 3, 2014 Quick Quiz is, "This is true under some circumstances." In declining percentage order, the responses were:
- "This is never true.": (60.7%)
- "This is true under some...more
Under the federal Fair Labor Standards Act, may 17-year-old employees drive vehicles on public roads in performing work for their employers, provided that they do not drive...more
A Texas federal court has ordered the U.S. Labor Department to pay more than $560,000 in attorney's fees, paralegal fees, and travel expenses growing out of litigation under the federal Fair Labor Standards Act.
USDOL...more
As we reported previously, in March President Obama directed the U.S. Labor Department to "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative,...more
Recent headline items touch upon matters of continuing concern:
? The Employment Policies Institute has highlighted what it calls "Maximum Hypocrisy on the Minimum Wage" among 96% of the Senate and House sponsors of...more
"Wage-hour lawsuits are booming," trumpets one recent report after another, and this is certainly true. The risk of high-exposure wage claims against an employer is greater than ever.
...more