California Employees Can’t Be ‘On Call’ During Breaks
Employers cannot require that workers in California remain “on call” during mandatory rest breaks, the state’s Supreme Court has determined.
Tag: FLSA
Small Tip Pool Violation Creates Big Headache for Employer
A recent U.S. Department of Labor (DOL) settlement serves as a reminder for employers with tipped employees: you cannot require workers to share tips with nontipped staff. Doing so can leave an employer liable not only for the misappropriated tips, but also—because of a provision in the law—for back minimum wage and overtime payments that […]
Payroll Issues During Blizzards and Snow Days
As we head into the heart of the winter storm season, it is inevitable that employers could face some severe snowstorms and blizzards in February. Hence, this is an excellent time to brush up on the wage and hour laws, which dictate whether you are required to pay salary or hourly wages to employees who are unable to get to work during a blizzard or severe snowstorm. Here is a timely refresher article on these issues.
Ask the Expert: How Do We Handle Last Paycheck of Employee Who Stole from Us?
Question: We terminated an employee for falsifying payroll records and receiving pay for shifts she did not work. Can we issue her a last paycheck for hours worked and then keep the money to apply to her theft of over $100,000?
Video: ‘On-Call’ and ‘Show-Up’ Pay Issues Create Backlash of Legislation & Litigation
Variable work scheduling practices such as call-in shifts and on-call arrangements create some gray areas in terms of what is considered “work” time that therefore needs to be compensated. As a result of these gray areas, as well as complaints from employees who have variable work schedules, various pieces of legislation have been introduced—and litigation […]
Ask the Expert: Is Employee Owed 2 Hours of Reporting Time Pay for 45-Minute Meeting?
Question: We had a store meeting. One employee was off and only came in for the 45 minute meeting. She is saying she is entitled to 2 hours of pay. Do I owe her for 2 hours or just the 45 minutes. She says there is a minimum of 2 hours for working.”
‘On-Call’ and ‘Call-In’ Work Schedules: Advantages and Disadvantages for Employers (Video)
What are the benefits for employers for instituting variable work schedules for their employees such as call-in shifts and on-call status? How do these schedules work? Who uses them? And why have some major employers recently abandoned such practices? Speaking to an audience of HR professionals and employers at BLR’s Advanced Employment Law Symposium (AEIS), […]
Supreme Court Will Consider Class Action Waivers
The U.S. Supreme Court has agreed to hear a trio of wage and hour cases involving arbitration agreements that require workers to waive their right to pursue employment claims as a group.
Auto Service Advisors Entitled to Overtime, Despite Inadequate DOL Regs
Car dealership “service advisors” are entitled to overtime pay, even though the regulations granting them overtime are not entitled to deference, the 9th U.S. Circuit Court of Appeals has ruled.
New Report Examines Trends in Wage and Hour Class Action Suits, Settlements
Seyfarth Shaw LLP has released its 13th annual edition of the Workplace Class Action Litigation Report, which offers a complete guide to complex workplace-related litigation. In this year’s report, Seyfarth analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture key themes from 2016 and emerging litigation trends facing U.S. companies in […]