FLSA

Avoid this tipping trap

01/04/2023

Tipping is tricky for those who give (how much?) and for those who receive—do they pool the tips and divide them, or pocket tips individually? However, one touchstone rule under the Fair Labor Standards Act is clear: Tips are for employees.

DOL cracks down on child labor violations

12/09/2022

DOL investigators found 101 teenagers worked impermissible hours at multiple McDonald’s restaurants in Pittsburgh. The DOL fined the franchisee $57,332 for violations of child labor laws at the 13 McDonald’s locations the husband and wife operated.

Submit your comments: Independent contractor or employee?

12/09/2022

Speak now! The classification (or misclassification) of workers as contractors or employees has been bedeviling employers and courts for some time. The DOL wants to revise the rule under the Fair Labor Standards Act and seeks comments from the public until 11:59 p.m. on Dec. 13, 2022.

Overtime for highly paid worker: overmuch?

11/29/2022

An employee paid $200,000 is suing for overtime, and the case is pending before the Supreme Court. Employment lawyers are watching this case carefully.

Time is now for overtime pay scrutiny

11/22/2022

Some commentators predict that the DOL might only raise the minimum wage. Others think the delay might mean the wage will rise with inflation. But while we wait, lawsuits and pay transparency trends are not off the clock.

Don’t make this $56.5 million mistake

11/15/2022

The San Diego City Attorney’s Office sued Instacart, alleging that its shoppers should be classified as employees rather than independent contractors.

Don’t round time! Every minute counts

11/08/2022

Home Depot’s practice of rounding hourly employees’ total daily hours to the nearest quarter hour rather than the actual time worked, as recorded by a timekeeping system, resulted in underpaying an employee.

IC vs. employee rule: Expect delays

11/01/2022

The DOL’s recent proposed rule on how to distinguish an independent contractor from an employee differs from the Trump administration’s rule, which never went into effect. Before the Biden administration’s rule took effect, there was already a lawsuit on procedural grounds and related delays.

DOL eyes employers’ high earners

11/01/2022

You may think that paying employees a large salary automatically means you won’t be targeted by the Department of Labor for FLSA overtime violations. Isn’t it reasonable to expect employees who earn $100,000 or more to be exempt from overtime? Unfortunately, the DOL doesn’t see it quite that way.

About time: Bill for truckers makes progress

09/29/2022

A new bill, Guaranteeing Overtime for Truckers Act, would eliminate the overtime exemption of the FLSA and have truckers beeping their horns in celebration.