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
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
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
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
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
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
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
A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long...more
In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more
Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law. ...more
In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more
The U.S. Department of Labor's Wage and Hour Division (WHD) is expanding its multi-year Fair Labor Standards Act (FLSA) enforcement initiative in Louisiana's child care industry from northern Louisiana to the southwestern and...more
On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer...more
The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each...more
An employer may prorate the base pay of a salaried employee without forfeiting the employee's exemption from the overtime requirements of the Fair Labor Standards Act (FLSA), as long as it covers the shortfall with additional...more
(1) Employers must notify employees of their rate of pay either prior to or as of when the employee begins work for them... ...more
The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more
Last week, while most of us were focused on the events in Boston, the U.S. Supreme Court came down with a notable decision last week involving a wage & hour class action (it’s actually called a “collective” action, but for...more
Pressure continues to mount for raising the federal Fair Labor Standards Act's minimum wage in three stages from the current $7.25 per hour to (so far) $10.10 per hour. Under pending proposals, the rate would thereafter be...more
EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more
Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more
U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act's $7.25-per-hour minimum wage has not already increased over time to the level of $22 an hour. A...more
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