FLSA

Administrative exemption focuses on core business

01/23/2018

In order to claim a worker is exempt under the administrative exemption of the California Labor Code, an employee must do work directly related to management policies or general business operations of his employer or employer’s customers. Mere support work doesn’t count.

One case, two destinations: Arbitration and court!

01/23/2018

Here’s a decision that may complicate matters for employers that use arbitration agreements to keep employment disagreements out of federal courts.

No time records? Court will use workers’ tally

01/18/2018

It’s common for employers not to track the hours of independent contractors or exempt employees. That could end up being a serious mistake should one or more of those workers sue, arguing they were misclassified under the Fair Labor Standards Act.

More time to weigh in on new tip pool rule

01/11/2018

The Department of Labor has extended the deadline to comment on proposed tip pool rule changes to February 5, 2018. The original deadline was Jan. 3.

New DOL rule loosens restrictions on unpaid internships

01/11/2018

The Department of Labor under the Trump administration has rescinded the six-factor test and now uses a “primary beneficiary test” in which seven factors are weighed.

Joint employment definition takes a pro-employer turn

01/09/2018

A new ruling by the National Labor Relations Board has defined a joint employer as one that exercises “direct and immediate” control over worker activities. For employers, that’s a welcome return to normal after two years of uncertainty.

DOL revisiting paid internship rules

01/09/2018

The Labor Department’s Wage and Hour Division will begin revising its enforcement guidance for determining if interns must be paid, according to a Jan. 5 statement.

Training may be nonexempt even for exempt staff

01/03/2018

Do you offer an extended training period for newly hired workers who will be performing high-skill, exempt administrative jobs? If so, you may have to treat them as hourly workers during the training period when they are not actually performing work, but learning how to do their new jobs.

Employee’s lack of records won’t get pay lawsuit tossed, so make sure yours are accurate

01/03/2018

Workers who claim they should have been paid overtime don’t have to come forward with detailed pay records to move the case into discovery. That’s because record keeping is the employer’s responsibility under the Fair Labor Standards Act.

Talula’s Garden settles OT suit for nearly $400k

01/02/2018

Talula’s Garden, the renowned farm-to-table restaurant in Philadelphia’s Washington Square, will have to pay 63 workers $197,917 in back wages and an equal amount in liquidated damages.