Archives by Tag ' Wage & Hour '
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 […]
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 […]
Over the past few years, violations of the Fair Labor Standards Act (“FLSA”) were found in nearly all of the 9,000 restaurants under investigation by the Department of Labor. To address the rampant wage and hour violations in the restaurant industry, the Department of Labor has stepped up its enforcement initiatives to pursue civil money […]
Under the Fair Labor Standards Act (“FLSA”), employees must be compensated for actual work performed, whether on or off the job site. But with the many technology advancements in the workplace, employers can now effectively run their businesses around the clock by keeping employees “on-call” after regular business hours, requiring them to work only if […]
The FLSA requires that employees receive overtime pay at a rate not less than one and one half times their regular rate of pay for all hours worked in excess of 40 in a workweek. But what happens, for instance, when an employee is paid at two or more different rates of pay in a […]
This past August, the National Labor Relations Board’s (NLRB) Office of General Counsel issued an administrative decision that could have a significant effect on joint employer status. Following several complaints submitted by McDonald’s employees, the NLRB named corporate McDonald’s USA, LLC—in addition to the McDonald’s store owners—as a joint employer. This means that as a […]
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