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Holy hell! The Department of Labor apparently caught an employer using a fake priest to get employees to confess workplace sins.

According to the U.S. Department of Labor, “federal wage and hour investigators have seen corrupt employers try all kinds of scams to shortchange workers and to intimidate or retaliate against employees, but a northern California restaurant’s attempt to use an alleged priest to get employees to admit workplace ‘sins’ may…

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The Department of Labor is not messing around with employers messing with employee tips!

Here’s the general rule of thumb when employees receive tips. They get to keep them. As Jon Hyman pointed out in his blog post yesterday at the Ohio Employer Law Blog, there are certain exceptions to that rule, none of which involves sharing employee tips with managers and supervisors. A bunch…

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Boy, that escalated quickly. I mean, that really got out of hand fast.

https://youtu.be/rFeVfwDvTyM Last week, the U.S. Department of Labor’s Wage and Hour Division announced here that its investigation into the bounced payroll checks of 10 construction workers renovating a nursing home found that the employer who issued the bad checks had also denied more than 800 workers overtime wages by misclassifying…

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A federal judge reinstated a more employer-friendly independent contractor rule. But will it last?

What I’m about to share with you today will never become a Hollywood blockbuster. Actually, it’s so dull that I would sell it over the counter as a holistic sleep aid if I could bottle it. Ambien’s got nothing on wage-and-hour minutiae. Early last year, after President Biden won the…

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DON’T DO THIS: Misclassify your employees as independent contractors

United States Department of Commerce and Labor, Public domain, via Wikimedia Commons While not quite as outrageous as slavery, ignorance, or misogyny, today’s edition of “Don’t Do This” will apply most practically to readers of this blog. Yesterday, the U.S. Department of Labor officially withdrew its “Independent Contractor Rule.” The DOL had…

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What’s the big difference between an independent contractor and an employee anyway?

Tug of War by Creative Mania from the Noun Project Sam spent 60 hours working on a project for your company last week, for which the business paid Sam $1,000. The company treated Sam as an independent contractor. But, what if Sam was actually an employee instead? The problem with…

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Here’s how to compensate employees that split their day between the office and telework

Image by Carlos Insignares from Pixabay Let’s say that some of your non-exempt employees choose to telework for part of the day and work at the office for part of the day, with enough time to perform personal tasks in between. Do you have to compensate them for the travel…

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Heads up! The DOL wants new rules for tipped employees, including tip pools with the back of the house.

Nan Palmero from San Antonio, TX, USA, CC BY 2.0, via Wikimedia Commons If you operate a restaurant or other establishment with tipped employees, the odds are that wage and hour laws have not been your top priority in 2020 — as opposed to, say, staying afloat. It’s been a…

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One HR lesson from two exotic dancers on misclassifying employees as independent contractors.

Lantay77 at en.wikipedia, CC BY-SA 3.0, via Wikimedia Commons It’s getting hot in herrrrrrrrrrrrre! Well, tepid. It’s an employment law blog, after all. A strip club in Ohio employed two women for several months. Let’s call them, oh, I dunno, “plaintiffs.” During their time working for the club, the plaintiffs…

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How can you tell an employee from an independent contractor? I’ll explain in about two minutes.

Image by Free-Photos from Pixabay Employee versus independent contractor, who cares? The U.S. Department of Labor, that’s who. (And that means you should too.) Misclassified employees may not receive minimum wage or overtime or family and medical leave. When that happens, the Wage and Hour Division (WHD) gets angry. And…