Employers Must Be Careful About Employees Performing Pre-Shift Work
A recent case highlights the fact that employers must be careful about employees performing work before clocking in at the start of the day. The case involves Hilton Reservations Worldwide LLC, which...
View ArticleProposed Bill Would Amend FLSA to Modify Computer Professional Exemption
A proposed bill would amend the Fair Labor Standards Act of 1938 (FLSA) to modify provisions relating to the federal exemption for computer systems analysts, computer programmers, software engineers,...
View ArticleDOL Issues Three New Fact Sheets on the Subject of Retaliation
The U.S. Department of Labor Wage and Hour Division (WHD) has released three new fact sheets regarding retaliation. Fact Sheet #77A, “Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA),”...
View ArticleFewer Employers Offering Unpaid Internships
As summer approaches, it is interesting to note that according to a recent article in USA Today, fewer employers are offering unpaid internships or they are converting them to paid programs in light of...
View ArticleDOL Cracks Down On Restaurants in Massachusetts for Overtime Violations
An investigation by the U.S. Department of Labor (DOL), focusing in on the restaurant industry in Massachusetts, has apparently uncovered substantial violations of the minimum wage, overtime and...
View ArticleDOL Recovers $4.83 Million in Back Wages From Wal-Mart for More Than 4,500...
Wal-Mart Stores Inc., has agreed to pay $4,828,442 in back wages and damages to more than 4,500 employees nationwide following an investigation by the U.S. Department of Labor's Wage and Hour Division...
View ArticleThe Paycheck Fairness Act Fails To Obtain Necessary Votes
The Paycheck Fairness Act Fails To Obtain Necessary Votes Supporters of the Paycheck Fairness Act (S.3220) failed to obtain the requisite votes needed for the bill to advance to a final Senate vote....
View ArticleProposed Legislation Provides Limited Exemption From Overtime for Claims...
Representatives Dennis Rehberg, (R-MT), Jo Bonner (R-AL-1) and Alcee Hastings (D-FL-23) have introduced federal legislation (H.R. 6346) which would amend the Fair Labor Standards Act (FLSA) of 1938 to...
View ArticlePursuant to “Motor Carrier Exemption” Truck Drivers Are Exempt From Overtime
Oscar Bell and other truck drivers (plaintiffs) filed a class action complaint against H.F. Cox, Inc. (Cox), alleging wage and hour violations, including misclassification as exempt from overtime. The...
View ArticleDOL Proposes “Right to Know” Rule
The Department of Labor (DOL) is proposing to update the recordkeeping regulations under the Fair Labor Standards Act (FLSA) with a new “Right to Know” rule that is intended to increase “the...
View ArticleRepublicans Introduce Legislation That Allows Workers to Receive "Comp Time"...
House Republicans, led by Representative Martha Roby (R-AL), have introduced legislation that will remove an unnecessary federal restriction on the private sector and help Americans better...
View ArticleDOL Alleges Employer Failed to Properly Pay Disabled Workers
The U.S. Department of Labor's (DOL) Wage and Hour Division has revoked authorization allowing Training Thru Placement, Inc. (TTP) to pay less than the current federal minimum wage to...
View ArticleSenator McConnell Introduces Flex-Time Bill
U.S. Senator Mitch McConnell has introduced the Family Friendly and Workplace Flexibility Act, which would allow flexible workplace arrangements such as compensatory time and flexible credit...
View ArticleDOL to Host Symposium Marking 75th Anniversary of FLSA
U.S. Secretary of Labor Thomas E. Perez will welcome researchers, policy experts, advocates and workers to the Department of Labor’s Frances Perkins Building on Friday, November 15 at 9 a.m. EST for a...
View Article9th Circuit Allows Deduction From Final Paycheck for Company Credit Card Balance
In an unpublished decision, Ward v. Costco Wholesale Corp., the 9th Circuit has ruled that Costco did not violate the federal Fair Labor Standards Act (“FLSA”) or the California Labor Code, when the...
View ArticleMcDonald's Workers File Seven Wage and Hour Class-Action Lawsuits
McDonald's workers have filed seven wage and hour class-action lawsuits in New York, California and Michigan, alleging that McDonald's forced employees to work off the clock, did not paid them...
View ArticleMisclassification of Employees Can be Costly for Employers
Misclassification of an employee as either exempt from overtime or as an independent contractor versus an employee can be costly for an employer. In an ongoing case filed by the U.S. Department of...
View ArticleNinth Circuit Affirms FLSA Anti-Retaliation Verdict in Favor of Los Angeles...
Leonard Avila, a police officer, periodically worked through his lunch break but did not claim overtime. According to his commanding officer, Avila was a model officer. The Los Angeles Police...
View ArticleSupervisor’s Knowledge of Unreported Overtime May Trigger Liability for FLSA...
In a case (Bailey v. TitleMax of Ga., Inc.) involving a supervisor’s knowledge of an employee working (but not reporting) overtime, the 11th U.S. Circuit Court of Appeals has held that the employer is...
View ArticleLegislation Introduced In California To Exempt “Highly Compensated” Employees...
Pursuant to federal law, specifically the Fair Labor Standards Act (FLSA) most employees working in the United States must be paid at least the federal minimum wage for all hours worked and overtime...
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