Tag: FLSA

Do You Comply with the FLSA? Most Employers Don’t

Statistics from the U.S. Department of Labor estimate that almost 70% of employers aren’t in compliance with the Fair Labor Standards Act (FLSA)—a percentage that almost certainly increases when similar violations under state law are taken into account. The federal Department of Labor is tackling this problem in a big way, dedicating a staggering $25 […]

Class Actions—Go on Offense to Avoid Them

In yesterday’s Advisor, we profiled Seyfarth Shaw’s eight trends that make class actions a real danger for every HR department. Today, key issues and an introduction to a unique training system that will help you avoid class actions altogether. Seyfarth Shaw LLP’s Annual Workplace Class Action Litigation Report suggests HR managers take note of the […]

Class Actions Threaten "Enormous’ Financial Risk: Seyfarth Shaw

For the coming year, the financial risks of class action litigation are “enormous,” says attorney J. Stephen Poor, and more often than not, class actions adversely affect your market share and impact your reputation in the marketplace as well. Poor, who is the Managing Partner of law firm Seyfarth Shaw LLP, made his remarks in […]

Technology Brings Tricky Twist on Old Issue—Hours Worked

What effect does your employees’ use of PDA’s have on wage and hour issues? Are you “suffering and permitting” when they respond to calls after hours? Is any time ever “de minimis?” Attorney Laura Innes tackles these questions and makes some recommendations for 2011. Compensable “hours worked” is all the time during which an employee […]

In Compliance with Wage/Hour? Not Likely

According to one recent survey, pay violations are rampant, says attorney Laura E. Innes, Esq. For example, more than a quarter of those surveyed reported that they had received less than the minimum wage in the previous week, and 60% of those reported being underpaid by more than $1 per hour. Innes, a shareholder in […]

Ask the Expert: We have an intern who has worked with our company for over 2 years. Are we subject to any liability by not including the intern in our benefits?

September 08, 2010 Issues with interns usually revolve around whether or not they are paid. Therefore, the DOL has created rules on this topic. I will provide them to you, even though they do not answer your question exactly, because they will allow you to see that if the intern has been working for you […]

Employer Bears All Risk for Unpaid Interns

An enthusiastic and energetic individual approaches you with a proposal to volunteer his time to gain valuable experience in your industry. “After all,” reasons the prospective volunteer, “how can I get my first job if I have no experience in the field of my choice?” Sounds like a win-win situation, doesn’t it? Like many win-win […]

Preliminary FLSA Record-Keeping Regulations Expected in April

An agency Web chat hosted by the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) on Thursday, January 6, provided expected dates for proposed regulations on record-keeping under the Fair Labor Standards Act (FLSA). A Notice of Proposed Rulemaking on the “Right to Know Under the Fair Labor Standards Act” initiative is expected […]

EEOC, IRS, and Courts’ Take on (Your) Misclassifications

yesterday’s Advisor, attorneys Veronica Gray & E. George Joseph warned of the coming crackdown on misclassification of independent contractors. Today, factors considered by EEOC, IRS, and the Courts, plus, an introduction to a comprehensive audit system that helps avoid expensive lawsuits. Misclassification is high on DOL and IRS agendas, so it’s a good place to […]

DOL Says Plan Prevent Protect, Attorneys Say Audit Audit Audit

DOL is heading your way with $25 Million for increased enforcement and they expect to generate—from your company and others—$7 Billion of additional revenue over the next 10 years. To avoid getting ensnared in this web of increased enforcement, the solution is simple say attorneys Veronica Gray & E. George Joseph—audit, audit, audit. Gray and […]