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Department of Labor Brief Provides More Guidance on Interns

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more

7/30/2014 - DOL Employer Liability Issues Entertainment Industry FLSA Fox Searchlight Pictures Internships Non-Profits Public Entities Unpaid Interns Wage and Hour

Captain Obvious Issues Most Obvious FLSA Decision of 2014 (So Far...)

If you have been anywhere near a TV or radio over the past few months, you have probably seen or heard the ads for Hotels.com featuring Captain Obvious. If you’re from the Midwest, and Indiana in particular, it has probably...more

7/25/2014 - Corporate Counsel Employer Liability Issues Exempt-Employees FLSA Fluctuating Workweek Hospitality Industry Hotels.com Non-Exempt Employees Wage and Hour

Defense Appropriations "Wage Theft" Amendment May Bar Employers with FLSA Violations from Defense Contracts

Late last month, the Senate referred the Fiscal Year 2015 Defense Appropriations Act to the Senate Committee on Appropriations for consideration. The House of Representatives passed its version (H.R. 4870) on June 20 with...more

7/23/2014 - Appropriation Defense Contracts Federal Contractors FLSA Wage Theft

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

7/18/2014 - Appeals DOT Employer Liability Issues FAAAA FMCSA Motor Carrier Act Rest and Meal Break Trucking Industry Wage and Hour

White House Lays Out Flexible Workplace Blueprint for Private Sector

For the pay period that included July 4th, we discussed how to address holiday pay for employees with alternative work schedules. This post was particularly timely given that the week before, in the run-up to the July 4th...more

7/17/2014 - Barack Obama EEOC Employer Liability Issues Flexible Work Arrangements Holiday Pay Work Schedules

USCIS Branch Quietly Turning E-Verify Mistakes into DOJ, ICE Enforcement Actions

If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

7/16/2014 - Corporate Counsel DOJ E-Verify Enforcement Enforcement Actions ICE OSC USCIS

President Obama Re-Nominates Recess Appointee Sharon Block to Fill Next NLRB Vacancy

The White House announced on Friday that it will re-nominate former Member Sharon Block to the NLRB, likely to replace Nancy Schiffer, whose appointment expires later this year. Block was one of the recess appointees to the...more

7/15/2014 - Corporate Counsel NLRA NLRB Recess Appointments

FLSA Compliance Not That Important? You Might Need a Criminal Lawyer, Too

Those of you who attended our annual Employment Law Conference this past February know that failing to complete Form I-9 for all new hires can lead not only to civil fines and penalties, but to criminal penalties. That’s true...more

7/14/2014 - Compliance DOL Enforcement Actions FLSA I-9 Immigrants

Holiday Pay for Employees with Alternative Work Schedules [Wage & Hour FAQ]

With paydays that include the recent July 4th holiday coming up, it is a good time to address a fairly common question for employers whose employees work “alternative” workweek schedules: How should employers handle holidays?...more

7/10/2014 - Employer Liability Issues Holiday Pay Wage and Hour Work Schedules

Escheaters Never Prosper, Lord Grantham: Handling Unclaimed Employee Funds

While renewing my license plates online with Indiana’s Bureau of Motor Vehicles (yes, bureau, not department), I saw an advertisement for the Indiana Attorney General’s Unclaimed Property Division, IndianaUnclaimed.gov. On a...more

7/3/2014 - Employer Liability Issues Escheat FLSA Reporting Requirements Unclaimed Property Wage and Hour

U.S. Supreme Court Unanimously Finds NLRB Recess Appointments Unconstitutional

As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

When is a Commute Not a Commute? In a Company Car (Well, Maybe)!

In my last post, I outlined the “normal” commuting case after Congress passed the Employee Commuting Flexibility Act (ECFA). The ECFA clarified the applicability of the Portal-to-Portal Act to the payment of wages to...more

6/27/2014 - Commuting Company Cars DOL Employer Liability Issues Wage and Hour

Heigh-Ho, Heigh-Ho, It's Off to a Non-Compensable Commute We Go

If only “Heigh-Ho” from Disney’s Snow White had been written sometime in 1938, rather than 1937, maybe my FLSA-influenced version would have had a chance. O.k., on second thought, probably not. ...more

6/23/2014 - Commuting Employee Rights FLSA

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

6/13/2014 - Class Action Employer Liability Issues FLSA Hiring & Firing NLRB Protected Concerted Activity Termination Unions Wage and Hour

FLSA Overtime, Minimum Wage Lawsuits Continue to Skyrocket

My colleagues and I talk regularly about the ever-increasing number of wage and hour cases alleging violations of minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). ...more

6/5/2014 - Employer Liability Issues FLSA Minimum Wage Over-Time Popular Unpaid Overtime Wage and Hour

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

6/4/2014 - Adverse Employment Action Collective Bargaining Employer Mandates NLRB Union Membership Unions

You Load 16 Tons, What Do You Get: A Worthless Franchise!

Despite the focus in recent years on the misclassification of employees as contractors, unfortunately, we continue to see numerous companies ranging from the Fortune 500 to startups make mistakes, albeit mostly unintentional,...more

5/30/2014 - Contractors DOL Employer Liability Issues Full-Time Employees Independent Contractors Misclassification

Department of Labor Sets FLSA Regulation Deadline for November 2014, Final Regulations Unlikely to Arrive Before Spring 2015

Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair...more

5/28/2014 - Administrative Procedure Act Amended Regulation Barack Obama DOL Employee Rights Employer Liability Issues Employer Mandates Executive Orders FLSA OIRA Unpaid Overtime

The Boys of Summer: Interns, Seasonal Workers and More

Memorial Day weekend has passed, the Major League Baseball season is in full swing, and summer is upon us. With apologies to Roger Kahn, for us wage and hour practitioners, the “Boys of Summer”...more

5/27/2014 - DOL Employer Liability Issues Employer Mandates FLSA Hiring & Firing Hospitality Industry I-9 Internships Seasonal Workers Student Employees Unpaid Interns Wage and Hour

Three Square Meals Er...Breaks - Why You Should Never Round Breaks [Wage & Hour FAQ]

In my last two posts, I’ve discussed rounding at the beginning and end of a shift, but what about rounding for meal breaks? If an employee clocks in from lunch at 12:25, do you round that time to 12:30? Unlike the beginning...more

5/22/2014 - Employee Rights Employer Liability Issues Employer Mandates Rest and Meal Break Wage and Hour

I Don't Always Round Time Entries, But When I Do...I Follow The FLSA Regs [Wage & Hour FAQ]

In my last post, I discussed how the FLSA approaches the “rounding” of time. In short, rounding is simply the practice of adjusting time clock punch times within specific bounds. For example, if your employees punch in for...more

5/21/2014 - Compliance Employee Rights FLSA Wage and Hour

Keeping Payroll Well-Rounded (And FLSA Compliant!) [Wage & Hour FAQ]

Whether you call it “rounding” or the “7/8ths rule” or have no word to describe it at all, rounding may be of central concern for employers, both in day-to-day operations and in litigation. Rounding is the practice of...more

5/19/2014 - Compliance FLSA Wage and Hour Wages

Wage And Hour Due Diligence Solutions In The M&A Context

As I mentioned yesterday, in order to avoid costly lawsuits or DOL enforcement actions, FLSA and state wage and hour due diligence should be a substantial part of the overall due diligence process in any deal involving a...more

5/16/2014 - Compliance DOL Due Diligence Enforcement Actions FLSA Wage and Hour

Limiting Successor Liability Under The FLSA: Wage And Hour Due Diligence

Recently, my colleague Lindsey Marcus guest authored a post on yet another successor liability case, this time out of the Third Circuit. Her post reminded me of another case in the Seventh Circuit from 2013, and a larger...more

5/15/2014 - Due Diligence Employer Liability Issues FLSA Successor Liability Wage and Hour

Ongoing Confusion About Tips, Even From The White House

Recently, I explained that revising the FLSA regulations will not be easy, and highlighted tip credits as one such area in particular. In my last post, I discussed yet another case involving the miscalculation of wages for...more

5/8/2014 - DOL Employer Mandates Equal Pay FLSA Minimum Wage Tips Wages

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