10th Circuit Gives Employers Tips About Tipping
Two recent decisions from the U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—provide new guidance for employers with tipped employees.
Tag: FLSA
Is Your Company Guilty of Wage Theft?
Companies tend to focus on messaging that targets management, ignoring information employees and job seekers receive from various sources. After all, there are only so many hours in a day.
How FLSA Public Employer and Employee Coverage Differs from Private
The Fair Labor Standards Act (FLSA) defines an employer to include “any person acting directly or indirectly in the interest of an employer in relation to an employee,” including a public agency. Unlike most other federal employment laws, employers do not need to employ a threshold number of employees to be covered. Instead, specific criteria […]
Bed, Bath & Beyond Learns Wage and Hour Compliance Is No Bed of Roses
Exempt vs. nonexempt is a question that continues to trip up even the most sophisticated employers. Recently, Bed, Bath & Beyond was sued in Illinois federal court by assistant store managers who claim the company incorrectly classified them as exempt and improperly denied them overtime pay. With overtime claims on the rise, employers can’t afford […]
Employer’s Lawyer in Hot Water After Threatening Worker with Possible Deportation
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
Time Running Out to Comment on Long-Stalled Overtime Rule
Employers and others have until September 25 to submit comments to shape the rule governing which workers are eligible for overtime pay. Once the deadline passes, employers will face a waiting game before learning what changes may be in store.
Misclassification Alone Is Insufficient for Class Treatment
Are certain classes of your employees routinely working overtime? If so, are they properly classified as exempt or nonexempt? Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime […]
FLSA, LMRA Doesn’t Get Employer Off the Hook for New Jersey Overtime Claims
A New Jersey district court recently permitted a wage and hour class action to proceed despite the employer’s assertion that a collective bargaining agreement (CBA) preempts the employees’ claims.
Overtime: Are Mortgage Loan Underwriters Exempt ‘Administrative’ Employees?
Among the various “exemptions” from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) are “administrative” employees. The question presented in a recent decision by the 9th Circuit—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—was whether mortgage loan underwriters who work for lending banks fit the administrative exemption.
Hiring an Independent Contractor? Make Sure to Pass the Tests
Perhaps the most common type of nontraditional worker in the new workforce is the independent contractor. The recession saw many people seeking work as independent contractors and as the economy has improved, these relationships have continued, whether due to the preference of the employer, the employee, or both.