BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
Actually, internships may be a good option for Santa’s non-profit operation – so long as he does not pay a stipend or offer any benefits and clarifies whether interns are unpaid volunteers or paid employees. Paying a...more
Business owners are often sued personally in FLSA suits, but a recent case shows there’s a significant risk for restaurant managers, as well. In Jang et al. v. Woo Lae Oak, Inc., et al., No. 12-cv-00782, 2013 WL 6577027 (N.D....more
The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more
The Fair Labor Standards Act (FLSA) requires that employers pay most hourly workers for all hours worked plus overtime, calculated at one-and-a-half times the employee's regular rate, based on 40 hours per seven-day workweek....more
In recent years, a wave of lawsuits brought by unpaid interns seeking compensation for their work has spurred businesses to take a hard look at their internship programs to ensure they are compliant with federal and state...more
Under the Fair Labor Standards Act (FLSA), employers do not need to pay overtime to salespersons who are customarily and regularly engaged in making sales away from the employer's place of business.
Does your company pay employees holiday or year-end bonuses? Have you ever considered the impact these bonus payments might have on your employees' overtime premiums? If not, you could be violating FLSA rules....more
Each year, we provide our employees with a Christmas bonus of varying amounts. We’ve always done this because we want to reward our employees for a hard year of work and also spread a bit of holiday cheer. We were recently...more
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more
Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more
Many groups that have lobbied for change as it relates to home care aides seem to have received some victory. Specifically, the Labor Department announced a Final Rule on September 17, 2013 that extends overtime and wage...more
It is rare these days for a court to deny a motion to compel arbitration. It is especially surprising to find such a decision where the parties are subject to an arbitration agreement. Using the fundamental principle...more
- IRS Will Begin Taxing a Restaurant's Automatic Gratuities as Service Charges
Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers get fair tips. This method...more
Employers sometimes pay workers more than the federal Fair Labor Standards Act requires. Of course, some do so as a matter of choice.
However, in other situations, this happens because management misunderstands what...more
Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who...more
On September 17, 2013, the U.S. Department of Labor announced a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. Direct care workers include home health...more
The United States Department of Labor (DOL) Wage and Hour Division issued a final rule on September 17, 2013 that will extend the minimum wage and overtime protections of the Fair Labor Standards Act to in-home workers who...more
On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more
A recent $4 million settlement between the U.S. Labor Department and a Texas healthcare employer highlights a recurring overtime issue under the federal Fair Labor Standards Act.
On September 17, 2013, the United States Department of Labor (“DOL”) released a Final Rule revising its regulations on the domestic service exemption under the Fair Labor Standards Act (“FLSA”). The Final Rule will amend the...more
The U.S. Department of Labor’s final rule extending the minimum wage and overtime requirements to most home care workers becomes effective January 1, 2015.
On September 17, 2013, the United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act to home health care workers who provide care for the sick, disabled or elderly,...more
On September 17, the U.S. Labor Department (DOL) announced that it will be issuing a final rule that will bring significant changes to the “companionship” exemption in the federal Fair Labor Standards Act’s Section 13(a)(15)....more
Beginning on January 2, 2015, the Fair Labor Standards Act’s minimum wage and overtime protections will apply to home care assistance workers who work with the elderly and people with illnesses, injuries or disabilities. ...more
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