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Wages & Hours

Ledbetter law doesn’t apply to state pay claims

10/05/2012
Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.

Health care firm faces possible FLSA class action

10/02/2012
A lawsuit against home health care and hospice provider Amedisys seeks national class action status and challenges the way the company pays its visiting nurses and home health care aides. The company operates in 41 states, including North Carolina.

Is there an hourly threshold employees must pass to earn paid holidays?

09/26/2012

Q. Is there a law that states the number of hours necessary to be considered full time for being eligible for paid holidays? Our handbook says an employee who works fewer than 40 hours a week is considered part time. An employee who works 34 hours a week wonders if he should be eligible for paid holidays. Our handbook says he’s not. Is that OK?

New law allows for 8/80 health care workweek

09/26/2012
A new law amends the Pennsylvania Minimum Wage Law to bring it into line with the FLSA, which requires health care employers to pay overtime only if employees work more than eight hours in a day or 80 hours in a 14-day period.

Is it legal for us to restrict when employees may take small amounts of vacation time?

09/21/2012

Q. We recently needed to cut back on some of our employees’ shifts, meaning that some of them now work less than 40 hours per week. In order to bring their hours up to 40, these workers have been filling in their time sheets with varying amounts of their earned vacation. Are we permitted to restrict when our employees may use their earned vacation?

Cooked books pad Thai restaurants’ earnings

09/21/2012
A U.S. Department of Labor Wage and Hour Division investigation has uncovered willful FLSA violations by two Chan Dara Thai restaurants in Los Angeles.

DOL: Did Happy Hands dip into paychecks?

09/21/2012
The DOL has filed a lawsuit against Happy Hands Car Wash in Santa Ana, seeking back wages and liquidated damages. A Wage and Hour Division investigation found the car wash was manipulating its payroll records in order to underpay employees.

You don’t have to force workers to take meal breaks

09/21/2012
You no doubt know that employers have to provide for meal breaks under California law. But how far do you have to go to force employees to actually take the break? It turns out, not very far.

Señor Fish on the hook for underpaying hourly wages

09/21/2012
Los Angeles-area restaurant chain Señor Fish has agreed to a settle a Fair Labor Standards Act lawsuit with the DOL. An investigation by the department’s Wage and Hour Division revealed the taquería business paid its employees “straight time” for all hours worked …

DOL docks federal funding to pay contractor’s back wages

09/10/2012
The U.S. Department of Labor’s Wage and Hour Division will deduct unpaid wages and benefits from future government payments to Lettire Construction Corp. to settle violations of the Davis-Bacon and Related Acts …