News & Analysis as of

Fair Labor Standards Act (FLSA) Payroll Records

Constangy, Brooks, Smith & Prophete, LLP

“Workin’ 9 to 5.” Is that still a thing?

If you answered no, then you’d better have the records needed to prove the number of overtime hours worked by your employees and the rates paid for them. If you don’t have the records, then borrowing a rhyme from the legal...more

Parker Poe Adams & Bernstein LLP

Business Owner Who Failed to Turn Over Pay Records Ordered to Prison

Last week, a federal judge in Michigan ordered the U.S. Marshals Service to arrest and imprison a home healthcare agency owner who repeatedly defied a U.S. Department of Labor demand that she provide pay records as part of a...more

Proskauer - California Employment Law

California Court of Appeal Dismantles Rounding Where Accurate Timekeeping Records Exist

A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal....more

Proskauer - Law and the Workplace

What to Do When Your Timekeeping System Crashes

A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software.  With your timekeeping systems compromised, how do you determine what to pay your...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (minimum wage)

NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...more

Akerman LLP - HR Defense

Prepare NOW to Manage Your Workforce Through a Cyberattack

It is every employer’s worst nightmare: an unsuspecting employee receives an email in the early morning from an individual claiming to be his supervisor. The email asks him to follow up on an urgent work assignment that needs...more

Fisher Phillips

Will Tips Apps Lure Workers Back to Work? What Hospitality Employers Need to Know

Fisher Phillips on

The world is opening up again and Americans are venturing out to travel, shop, and dine out. With the sudden rise in leisure and hospitality sales, the industry is facing an increased need for skilled employees – but...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules

Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping...more

McGlinchey Stafford

The Risk Of Not Keeping Adequate Payroll Records

McGlinchey Stafford on

If employers do not keep detailed payroll records, they run the risk of losing overtime claims under the Fair Labor Standards Act (FLSA). An employer recently lost just such a case in the U.S. Fifth Circuit Court of Appeal. ...more

Jaburg Wilk

Department of Labor Audit, Now What?

Jaburg Wilk on

The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

Jaburg Wilk

Not Keeping Employment Records Can Place Arizona Employers at Risk

Jaburg Wilk on

How long should Arizona employers keep employment records? The short answer is - it depends. Most Arizona and federal employment law claims have a fairly short statute of limitations. Under Title VII, employees must file a...more

Akerman LLP - HR Defense

DOL Issues Guidance on Payroll Rounding, Overtime Calculations, and Certain Paralegals

Employers looking for guidance on payroll rounding practices, classification of certain highly compensated paralegals and calculating overtime where employees receive non-discretionary bonuses will be glad to know the...more

Poyner Spruill LLP

Department of Labor Issues Opinion Letter Regarding Timekeeping Rounding Practices

Poyner Spruill LLP on

On July 1, 2019, the Wage and Hour Division of the U.S. Department of Labor issued several new opinion letters. One such letter, FLSA 2019-9, concerns an employer’s use of payroll software to calculate the wages owed to its...more

Harris Beach PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

Harris Beach PLLC on

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Fisher Phillips

You May Not Have to Pay Attorney’s Fees in Some FLSA Cases

Fisher Phillips on

If you have ever had to defend against a lawsuit under the FLSA, you probably know that attorney’s fees awards often far exceed the value of your employee’s claims. This is especially true in collective action cases, which...more

Fisher Phillips

Do Good Audits Exist? Minimizing Damages in FLSA Cases

Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Sheppard Mullin Richter & Hampton LLP

Department of Labor Announces New Payroll Audit Pilot Program

On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program (“PAID” or the “Program”) – aimed at increasing employers’ FLSA compliance and...more

Littler

DOL Launches Payroll Audit Independent Determination (PAID) Program to Promote Self-Reporting and Early Resolution of Wage and...

Littler on

On March 6, 2018, the U.S Department of Labor's Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. Initially being rolled out as a six-month pilot program, PAID provides employers...more

Fisher Phillips

FLSA Questions After Hurricane Harvey

Fisher Phillips on

Affected employers will have a variety of wage-hour questions in the aftermath of Hurricane Harvey. The number and scope of the issues raised might well be practically endless. Here we address in very general ways the federal...more

Morgan Lewis

USCIS Appeals Panel Rules on L-1B Employment

Morgan Lewis on

The guidance creates a new wage obligation for L-1B employees on overseas payroll. On April 14, the Administrative Appeals Office (AAO) of US Citizenship and Immigration Services (USCIS) issued a memorandum establishing a...more

Lewitt Hackman

California Employer Compliance 2017

Lewitt Hackman on

There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more

Foley & Lardner LLP

“Accurate” Time Records Must Actually Be Accurate

Foley & Lardner LLP on

Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals. In this season of confusion, particularly regarding the on-again/off-again...more

Patterson Belknap Webb & Tyler LLP

Following the Money: The EEOC Requires Big Employers to Track Pay Data

The U.S. Equal Employment Opportunity Commission (“EEOC”) announced last week that, starting in March 2018, it will collect summary pay data from private employers (including federal contractors and subcontractors) with 100...more

Littler

EEOC Announces Approval of Revised EEO-1 Report

Littler on

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced that starting in March 2018, it will collect summary employee pay data from certain employers on revised EEO-1 Reports. The announcement...more

Bradley Arant Boult Cummings LLP

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide