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FLSA

New NLRB rule clarifies ‘joint employer’ status

02/27/2020
The National Labor Relations Board has issued a final rule ending years of confusion about what constitutes a joint employer in the context of the National Labor Relations Act.

California appeals court nixes meal break class action

02/25/2020
A California appeals court has concluded that as long as an employer has not applied a written rest break rule that is illegal on its face, employees cannot pursue a class action against their employer based on the written rule. It’s a case of no harm, no foul.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Orange County, Calif. trucking co. delivering $200K in back OT pay

02/25/2020
C&W Trucking in Orange County will pay 56 employees $199,010 in back pay following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

OT salary level regs may affect 401(k), other plans

02/18/2020
If you reclassified some exempt employees as nonexempt in the wake of the new overtime salary threshold rules that went onto effect Jan. 1, you should now check your health benefit and 401(k) plan documents.

Comply with the law when requiring employees to work overtime

02/18/2020
In general, employers have the right to require employees to work overtime, as long as they are properly paid for the additional hours. However, that right is not unlimited.

Long Island restaurants must serve up $365k in back pay

02/18/2020
The U.S. Department of Labor’s Wage and Hour Division has ordered the owners of three Long Island restaurants to pay 79 employees $365,000 in back pay and liquidated damages.

Labor Department issues two new wage-and-hour opinion letters

02/07/2020
In January, the Department of Labor’s Wage and Hour Division issued two opinion letters addressing wage-and-hour issues under the Fair Labor Standards Act. One involves discretionary bonuses while the second addresses whether some extra payments for exempt workers may affect their exemptions.

DOL: Texas Panhandle pipeline workers got the shaft

02/07/2020
A multinational pipeline repair corporation underpaid employees working on a project in the Texas Panhandle town of Borger, according to investigators from the U.S. Department of Labor’s Wage and Hour Division.

State child labor violation costs $1.2 million

02/06/2020
Warning! State child labor laws can be far more strict than federal rules. If you have teen employees, it’s not enough to train your managers about federal youth employment rules. They need to understand state law, too.