Archive for 'Wage & Hour/Overtime Violations' Category
The misclassification of employees is both against the law and damaging to the employee and employer. Employees lose significant wages when they are misclassified, while employers are confronted with large class action lawsuits and potentially hefty monetary judgments awarded against them. Generally, the Fair Labor Standards Act (“FLSA”) requires an employer to pay employees the […]
An often difficult issue for employers is whether meal breaks for non-exempt employees under the Fair Labor Standards Act (“FLSA”) count as compensable hours worked. Generally, the FLSA regulations state meal breaks do not count as hours worked when an employee is “completely relieved from duty for the purposes of eating regular meals.” 29 C.F.R. […]
In a suit brought against Major League Baseball (MLB) by a group of former minor league players, a California federal court has granted a conditional class certification. The group of former players alleges they were not paid the requisite minimum wage in violation of the Fair Labor Standards Act (FLSA). As a result, the ruling […]
Companies often seek to limit their risks in business, as well as limit their overall payroll expenditures. What simpler way to limit payroll risks than by implementing an “eat what you kill” compensation system that provides an employee the opportunity to work on a pure commission basis? However, employers should beware of violating the Fair […]
Business First of Columbus – by Cindy Bent Findlay For Business First Friday, December 8, 2006 The law is clear on many wage-and-hour employment issues, but it seems many employers are still confused. And lawyers are becoming more aware of the potential for recovery after a few well-publicized, large settlements and awards in class-action wage-and-hour […]
The Fair Labor Standards Act (“FLSA”) sets forth the general requirement that all employers pay employees minimum wage and overtime pay. Under a narrow exception to this rule, an unpaid internship can comply with the FLSA if the student intern qualifies as a “trainee.” In other words, employers don’t need to compensate students who qualify […]
As we’ve previously discussed, the Department of Labor Wage and Hour Division (WHD) has stepped up its enforcement initiatives over the past few years to pursue civil money penalties, back wages, and liquidated damages when violations of the Fair Labor Standards Act (FLSA) are found. Specifically, Section 11(a) of the FLSA authorizes the WHD to […]
Working Off the Clock The Fair Labor Standards Act (“FLSA”) was effectively a law beginning in 1938. It was the first big success for workers of the industrious country of America and effectively implemented many of the same working standards that are still in place today. Aside from prohibiting the almost incomprehensible child labor that […]
Some states recognize a dual-intent, or dual-purpose doctrine when an employee is injured while traveling for both business and personal purposes. However, in a recent case, the Ohio Supreme Court clarified that the doctrine of dual intent does not apply in Ohio when determining whether an employee who is injured while traveling for both work […]
Last week, an Arizona news column reported about a restaurant that requires its employees to donate their tips to charity one day a month. Can employers have this much control over employees’ tips? Under Arizona wage statutes, the answer is no. But aside from violating Arizona state law, this practice could also violate the Fair […]
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