Tag: FLSA

FLSA: Illinois Window-Cleaning Company Sparkles in Overtime Exemption Ruling

By Steven L. Brenneman of Fox, Swibel, Levin & Carroll, LLP Are workers who wash the windows of Chicago’s high-rises paid by commission? Is their employer a retail or service establishment? A recent decision from the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—answered those questions in ways that might […]

How Do We Handle Missing Time Cards?

We are a staffing company with employees in almost every state. Employees are non-exempt and submit hours worked via timecard. But what happens when we don’t receive one from the employee? Are we required to pay the employee even if we do not have a time card?

Paycheck Pitfalls – What’s in Their Wallet?

A couple of years ago, a group of employees working for a McDonald’s franchise filed a class action lawsuit in Pennsylvania alleging their employer required them to accept wages in the form of payroll debit cards—with fees for use of the cards assessed by the debit card provider.

FLSA: When are Waiting Time and Travel Time Considered Work Time?

Many employers regularly wonder how to treat the time employees spend waiting before the start of their shift or traveling to the jobsite. In some cases, employees may be “engaged to wait” and should therefore be paid for their waiting time. Similarly, employees who are required to travel from jobsite to jobsite as part of […]

The Risks of Contingent Workers

In yesterday’s Advisor, business consultant Bridget Miller presented some of the benefits of recruiting contingent workers for your organization. Today, Miller highlights the risks involved. What Are the Risks? There can be downsides to having contingent workers. Here are some of the concerns: Employee morale may be affected. Depending on the implementation of a contingent […]

What Can Be Garnished from an Employee’s Wages?

Wage garnishment refers to any type of deduction from an employee’s wages based on a legal mandate. This may come in the form of a court order, which details the amount the employer is required to withhold and where that sum needs to go. Some agencies also have the authority to request a wage garnishment […]

DOL Cracks Down on Independent Contractor Classification

A recent effort by the Department of Labor (DOL) to revisit how employees versus independent contractors are classified makes it clear that they mean business. Perhaps the most startling feature of their new effort involves how the DOL will likely consider all workers to be employees rather than independent contractors. Only those who fit strict […]