Practical HR Tips, News & Advice. Updated Daily.
Thousands of employers get a figurative knock-on-the-door each year from an investigator from the U.S. Department of Labor’s Wage and Hour Division. WHD is the agency responsible for enforcing the Fair Labor Standards Act, the Family and Medical Leave Act, the Davis-Bacon Act and the Service Contract Act, among other laws. A visit from WHD […]
special report, Hot Wage and Hour Issues for Home Healthcare Employers (Littler Report). In today’s issue, more wage/hour tips, plus an introduction to the unique “50×50”—50 Employment Laws in 50 States. Note: Find the complete Littler Report here. Compensable Work Outside of Patient Care Duties Some preshift or postshift activities may be compensable, the Littler […]
Law firm Littler Mendelson’s recently issued special report, Hot Wage and Hour Issues for Home Healthcare Employers (Littler Report), which offers practical tips for employers in any industry. The recently published Littler Report finds that wage and hour lawsuits against home healthcare providers have frequently involved three issues: Misclassification (employees who claim they have been […]
In a 5-4 decision, the U.S. Supreme Court held April 16 that because an employee received an individual settlement offer that fully satisfied her Fair Labor Standard Act claims, her individual and collective action claims could not go forward. The Court said that after her employer made an “Offer of Judgment” for the full amount […]
Emergency situations — such as the April 15 explosions during the Boston Marathon — can result in employees performing multiple job duties. For example, a store manager may have spent time cleaning up glass and debris in and around the store. This type of work does not normally qualify as the manager’s duty; however, the […]
by Kara Shea On April 11, Tennessee Governor Bill Haslam signed into law a bill prohibiting local governments from mandating health insurance benefits, leave policies, hourly wage standards, or prevailing wage standards that deviate from existing requirements of state and federal law as a condition of doing business with or within the jurisdiction of the […]
Properly classifying someone as either an independent contractor or employee is one of the biggest problems employers have when adhering to FLSA requirements. Do you know when it is okay to classify someone as an independent contractor and when they should be classified as an employee instead? DOL Focus: Independent Contractor or Employee "One of […]
A successor employer could not escape paying a $500,000 damages award for the previous owner’s Fair Labor Standards Act violations. The case, Teed et al. v. Thomas & Betts Power Solutions LLC, Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013), involved a tricky analysis of whether the purchaser of a business could be held responsible […]
Yesterday’s Advisor reviewed how to calculate the “regular rate” of pay. Today, can you waive overtime rights, plus an introduction to BLR’s unique 10-minutes-at-a-time training system. Here are some little-known facts about overtime. Actually, it’s not so much that they are little known as oft ignored. Agreements to Waive Overtime Barred Employees may neither waive […]
Most managers think overtime calculation is simple—1½ times the hourly rate. That’s one of the most common wage and hour misconceptions—and violations. Overtime is 1½ times the “regular rate,” which is often not the same as the hourly rate. The regular rate must include the reasonable cost of meals, lodging, and other facilities provided to […]