Those were the critical issues in a precedential decision that the Third Circuit Court of Appeals issued yesterday. So let’s talk about it. Generally speaking, a federal law called the Fair Labor Standards Act (FLSA) says that people who earn an hourly wage can get overtime (one-and-a-half times their regular hourly wage for…
Articles Posted in Overtime
A federal appellate court using Homer Simpson to explain wage and hour law?!? Woo hoo!!
Benoît Prieur, CC0, via Wikimedia Commons Fair Labor Standards Act lawsuits aren’t exactly fodder for Silver Screen blockbusters. In a recent decision from the Middle District of Pennsylvania — not known as a Hollywood pipeline — the question was whether donning and doffing basic personal protective equipment (“PPE”) was “integral and indispensable”…
How can an employee make $200K, PLUS overtime?!? The Supreme Court explains…
Image by Clker-Free-Vector-Images from Pixabay A company operating an offshore oil rig paid one of its “tool pushers” anywhere from $963 to $1,341 per day. His paycheck, issued every two weeks, amounted to his daily rate times the number of days he had worked in the pay period. So if…
You might have to pay employees to turn on and watch their computers boot up.
I’m hitting this technology theme hard this week. And why shouldn’t I?!? We’ve got a banger edition of The Employer Handbook Zoom Office Happy Hour set for Noon ET on Friday, November 4, 2022. Along with a team of cyber-risk, privacy, and data security attorneys from FisherBroyles, we will present Cybersecurity 101 for HR Professionals…
When do employers risk FLSA violations by raising and lowering hourly wage rates?
The Fair Labor Standards Act can present a minefield for even the savviest wage-and-hour gurus. Last night, I read a Pennsylvania federal court decision that helps clarify when employers can (and can’t) adjust employee pay rates. The FLSA requires employers to pay non-exempt employees one-and-one-half times their regular pay rate…
Four wage-and-hour mistakes cost a company well over $100K. Here’s how you can avoid them.
Earlier this month, the U.S. Department of Labor announced that an investigation into a Japanese restaurant had uncovered violations of federal wage and hour laws, resulting in 75 servers, sushi, and hibachi chefs not receiving all of their legally earned wages. The final bill was $171,834. That’s a lot of…
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…
After the feds caught this employer red-handed not paying OT, the employer did the UNTHINKABLE!
Folks, someday, the U.S. Department of Labor’s Wage and Hour Division (WHD) may darken your door to audit your books and records. Perhaps, they’ll find a violation and require you to pay back wages and liquidated damages. If your next steps involve retaliating against employees who cooperate with investigators and…
I’ve got your VIP passes to hear the Department of Labor discuss possible OT changes tonight
Don’t worry. I can get you past the bouncers. The Department of Labor Wage and Hour Division (WHD) previously announced that it is reviewing the minimum wage and overtime rules — specifically, as they relate to exemptions that employers take for bona fide executive, administrative, and professional (EAP) employees under…
Supreme Court to decide if a supervisor making $200K+ per year should get overtime too
Whether a six-figure supervisor is exempt from the Fair Labor Standards Act overtime rules is probably not something that’s kept you up at night — unless you pay your employees a lot of money without paying them a salary (e.g., day rates). Or you’re just an FLSA nerd like me.…