5 Risks of Telecommuting (And How Employers Should Handle Them)
Seventh Circuit Jumps Ahead of SCOTUS, Rules Pharmaceutical Sales Reps Exempt from Overtime—Jackson Lewis’ Noel Tripp
The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) recently reached a settlement with a federal contractor at Fort Belvoir military base regarding employee wages....more
Yesterday, the Massachusetts Supreme Judicial Court held that managers of limited liability companies can be individually liable under the Massachusetts Wage Act for unpaid wages due to employees. Historically, the Wage Act...more
In This Issue: - Court Finds Employee’s Wage And Hour Claim Falls Within Arbitration Provision Of Online Employment Application: A federal court in Illinois found that an arbitration agreement in a...more
Venezuela’s new labor law referred to as the Organic Law of Labor and Workers (“LOTTT”), became effective May 7, 2013. LOTTT establishes several critical labor reforms relevant to wage and hour requirements, maternity leave...more
In This Issue: - Letter from the Editor — C. Paul Wazzan, Ph.D. - Introduction to Observational Studies Articles for the BRG Review — David Lewin, Ph.D. - ARTICLES: - Observational Studies in Wage and...more
When I’m not lawyering, I like to spend time around horses. That sometimes means spending time observing the habits of horse barn owners and other operators of small agricultural facilities. ...more
“If at first you don’t succeed, try, try, again,” or so the adage goes. A recent case suggests that may not always be the right strategy or, more apropos to this blog, that off-the-clock cases make poor fodder for class...more
In Heyen v. Safeway, the California Court of Appeal put the nail in the coffin of the federal approach to analyzing wage and hour issues in California. Because of Heyen, California employers and employees need to focus on...more
Twice in one week, the California Court of Appeal sided with employees in two cases against grocery giant, Safeway Inc. ...more
In the wake of Hurricane Sandy last Fall and the recent tornadoes in Oklahoma, forecasters are predicting an aggressive 2013 hurricane season, which started on June 1st. Employers should take time before the storm hits to...more
Employees, like a lot of people, complain. Work may be too hard, it may be too easy, and for many people work may never be quite right. As they say, the grass is always greener on the other side. But when does a passing...more
Many employers pay their employees on a piece-rate basis, meaning employees are paid a set amount based on the tasks they perform rather than the hours they work (e.g., assembly line employee paid $1 for every widget he...more
There has always been a great deal of mistaken conventional wisdom afoot where the federal Fair Labor Standards Act is concerned. We have blogged previously about the common misconception that one pay practice or another has...more
On May 22, 2013, California Labor Commissioner Julie Su, issued a report, State of the Division of Labor Standards Enforcement, which summarizes and evaluates the enforcement activity of the Division of Labor Standards...more
On Tuesday, the Ninth Circuit decided Leyva v. Medline Industries, Inc., reversing an order denying class certification in a wage and hour case. The decision represents the first interpretation from the Ninth Circuit of the...more
Given the plethora of recent changes in the employment law landscape, employers probably made reviewing compliance checklists a New Year’s resolution for 2013. From hiring employees, to training them, to auditing existing...more
Most employers maintain a written timekeeping policy stating that non-exempt employees should accurately record their time worked. Yet many employers are still facing class action lawsuits alleging off-the-clock claims. Below...more
No one would ever accuse Lady Gaga of being boring. Case in point: her current legal woes, which make an excellent and entertaining cautionary tale for employers....more
On May 13, 2013, in a decision favorable to the restaurant industry and companies that employ tipped workers, a district court in Indiana carved out a tip credit claim from a proposed wage and hour collective action brought...more
As of May 7, 2013, employers in Venezuela must comply with the new wage and hour law established one year ago under Venezuela's employment law reform act, known as the Organic Law of Labor and Workers1 (the "LOTTT", for its...more
Four different kinds of employees are causing employers grief in the modern workplace this week....more
In the compliance training world, hard ROI (Return on Investment) information is hard to come by. So many variables impact the analysis, and determining whether or not training has actually saved an employer money can take...more
In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour...more
Most California employers understand that only certain employees are “exempt” from overtime pay requirements. However, most employers are not fully aware of how their pay practices may inadvertently destroy an employee’s...more
Employees today are 10 times more likely to file a wage-law class-action lawsuit than one based on discrimination or harassment. Effective wage-and hour training is an organization's best weapon in preventing and defending...more
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