Tag: FLSA

Brinker Decision Pushes Meal, Rest Breaks Top of Conversation

Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]

New York and California Trying to Clean up FLSA Abuses at Car Washes

As spring rolls in, muddy cars are a frequent occurrence, and car washes typically see increased patronage in the spring and summer months — which means longer hours for car wash employees. However, those employees are still entitled to overtime pay (and other legal protections) when high demand means increased work hours. Recently, car washes […]

Independent Contractor? … I Don’t Think So

In yesterday’s Advisor, attorney Christine V. Walters offered tips on legal dangers associated with volunteers, interns, and independent contractors. Today, more of her tips, plus an introduction to the 50×50, a unique guide to 50 employment laws in 50 states.< Walters, who is a consultant with the FiveL Company in Westminster, MD, gave her recommendations […]

Avoid Overtime Overages From Mobile Device Use

Employers need to spell out their policies for off-hours use of mobile devices for work purposes or they risk racking up unnecessary overtime. Mobile devices have worked their way into virtually every area of our lives, both at work and at home. You may even be reading this blog on a smart phone or tablet […]

Misclassification: DOL and IRS Declare War

Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for HR managers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters. Walters, who is a consultant with the FiveL Company in Westminster, MD, offered her tips […]

GSA Chastened Over ‘Lavish’ Conference Expenses

Federal offices have to follow federal travel guidelines, and federal rates form the basis of tax treatment of private sector business travel reimbursements as well. But what happens when the federal government agency that develops travel policy goes astray from its own guidelines? The report by GSA Inspector General (IG) Brian D. Miller said that […]

6th Circuit: Failure to Pay Employee Salary Removed his ‘Exempt’ Status

An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages and overtime when, after beginning to experience cash flow problems, the employer stopped paying his […]

FWA Policy Makers Mostly Ignorant of Business Realities

Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law Insider. He made his remarks about FWAs at SHRM’s Employment Law and Legislative Conference, held recently in the nation’s capitol. Well-Meaning, But Dangerous As an example of the problems with FWAs, says Fortney, […]

Beyond Discrimination: What Else Can You Be Sued for?

West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Defamation In the HR world, defamation often rears itself in relation to references. What exactly is defamation? West says that it has the following characteristics: False statement of fact (opinions are […]

Bonuses? Great, But Legal Pitfalls Abound

Bonuses are an integral part of many companies’ compensation packages because they: Are an expression of goodwill from employer to employee. Exemplify a personal touch and may evoke loyalty and dedication. Allow organizations to manage pay for performance Can be used as an incentive to retain top performers or to attract new employees Allow the […]