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FLSA

‘Employer’ and ’employment’: Definitions changing, problems brewing

10/08/2015
Controversial actions by three major federal agencies have businesses worried.

Papa John’s franchisee faces jail time for avoiding OT pay

10/08/2015
A Papa John’s pizza franchisee faces jail time for his attempt to evade responsibility for paying overtime to workers at nine stores in the Bronx, N.Y.

Halliburton to pay more than $18 million for FLSA violations

10/06/2015
In one of the largest recoveries of overtime wages in recent years for the U.S. Department of Labor, oil and gas service provider Halliburton has agreed to pay $18,293,557 to 1,016 employees nationwide.

Know the risks when hiring third-party workers

10/05/2015
After the NLRB’s recent decision regarding its new, broader standard for “joint employer” status, it’s time to brush up on the consequences of the joint employer doctrine when engaging third-party contractors.

Business survey: Support grows for higher minimum wage

09/28/2015
Almost two-thirds of HR and hiring managers surveyed—64%—believe the minimum wage should be increased in their state, up from 62% last year.

How should I accommodate breastfeeding at work?

09/21/2015
Q. An employee who is about to return from maternity leave wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?

California appeals court gives go-ahead to meal-period class action

09/21/2015
The Court of Appeals of California has upheld class-action certification allowing several employees to represent over 200,000 fellow current and former employees who claim they weren’t provided appropriate meal periods or premium pay for missed breaks.

Piece-rate pay trims $8 million from Petco

09/17/2015
National retailer Petco has settled a lawsuit filed by employees in California who groom pets in the company’s stores. The suit alleged the company failed to pay the workers minimum wage and overtime in violation of state and federal laws.

DOL releases proposed revisions to ‘white collar’ overtime exemptions

09/14/2015

On July 6, the U.S. Department of Labor published a 295-page Notice of Proposed Rulemaking (NPRM) seeking public comments on proposed changes to the “white collar” overtime exemption regulations. The comment period closed on Sept. 4. The DOL proposes specific changes to the salary level requirements for the majority of the white collar exemptions and also seeks commentary regarding potential changes to the duties tests for the exemptions.

Volunteers at seasonal events don’t get FLSA protection

09/10/2015

The Fair Labor Standards Act carves out several special circumstances under which the FLSA does not apply. One of these applies to seasonal amusement establishments. As the following case shows, that includes an annual baseball “fanfest,” that relies on volunteers for success.