Tag: wages

FLSA Violations Are Out of Fashion, Says DOL in Targeting Apparel Industry

A sweeping new U.S. Department of Labor enforcement initiative targeting California’s apparel industry may highlight wage and hour compliance issues for retailers and manufacturers. The companies that make, ship, market and sell clothing have long faced scrutiny over labor practices but industry proponents argue that they have made great strides. DOL appears to disagree, launching […]

Joint Employer? Hidden Liabilities Abound

Yesterday’s Advisor pointed out the hidden liabilities when you have a joint employer. Today, minimizing those liabilities, plus an introduction to the book some call “The Wage/Hour Bible.” First of all, note that usually the employee may choose which of the joint employers to sue for any unpaid wages under the FLSA. However, through contractual […]

Joint Employer Not in Compliance? You’re Not in Compliance!

Your organization may be in compliance with wage and hour laws, but are your “joint employers” in compliance? If they’re not, you could end up liable. Two or more employers may be deemed to be “joint employers” of an employee under the FLSA. If either employer violates the FLSA, they will both be liable. Some […]

Executives on Maternity Leave: Return Not Guaranteed by FMLA

Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus hours) at Yahoo to qualify for FMLA leave, Mayer would not be guaranteed a return […]

Transit Benefit Parity: Train Has Left the Station

Employers will not have any reason to adjust their qualified transportation fringe benefit plans — not as a result of a major highway funding bill that recently became law, anyway. That bill, known as the Moving Ahead for Progress in the 21st Century, or MAP-21, once had a transit benefit parity provision in it, which […]

There’s No ‘I’ in ‘Team’ — FLSA ‘Executive Exemption’ Doesn’t Require Independence

Do employees who oversee different teams within a company that perform the same job, in the same location and at the same time as other teams, fall into the category of an “executive” under the Fair Labor Standards Act? Recently several employees argued that their responsibilities were so standardized that they did not fall under […]

Wildfires Tax Local Fire Departments, Raise Wage and Hour Challenges

Higher than normal temperatures and dry conditions have fueled significant numbers of fires this wildfire season, particularly in the Western United States. Wage and hour issues may be far from the first concern for state and local agencies and communities preparing for, or dealing with, wildfires, but it behooves savvy municipalities to think about possible […]

Courts Split over FLSA Damages for Emotional Distress

Employees claiming FLSA retaliation may also seek compensation for emotional suffering. Although courts are divided over whether such damages are available, four federal circuit courts have ruled that the FLSA does permit such damages, and more federal district courts are adopting this view. These developments make it more important than ever that employers both pay […]