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Articles Posted in Wage and Hour

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Even LAW FIRMS commit SIX-FIGURE wage and hour violations, apparently.

Yes, even lawyers can misclassify non-exempt employees under the Fair Labor Standards Act. What happened? According to this U.S. Department of Labor press release, a Detroit law firm paid its administrative and support staff workers a salary for all hours worked but failed to pay at least 36 workers the…

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That bartender who claims she was fired for COVID-19 weight gain while quarantining may have a solid FLSA claim!

Always wait at least one hour before swimming after a large meal. That big brown shark in the swimming pool isn’t always a Baby Ruth. Hold the cue stick properly. Chalk up before each shot. These are solid (and mildly off-putting) pool tips. But let’s talk about tip pools instead.…

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Unlawful retaliation can take many forms. But, have you ever seen these?!?

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued its second Field Assistance Bulletin of the year. This one is all about protecting workers from retaliation. Retaliation occurs when an employer takes adverse action against an employee because they engaged in a protected activity. The Bulletin provides…

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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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How do employees get paid for work performed on the Sunday of Daylight Savings?

For those of you with businesses in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, Northern Mariana Islands, Guam, and American Samoa, you can skip today’s post, and I’ll see you tomorrow. As for the rest of you, let’s talk about how to pay graveyard shift employees who…

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Here’s a bonus FLSA tip: don’t threaten the families of employees that complain about their wages

Perhaps you didn’t study this for your SHRM-CP Certification – or even the bar exam. So I’m here to confirm that federal judges frown on employers threatening the families of employees cooperating in a Wage and Hour Division investigation or otherwise exercising their rights under the Fair Labor Standards Act.…

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Avoiding these wage and hour blunders could save your company over a hundred thousand dollars

Last night on the U.S. Department of Labor’s website, I spent some time checking out some of the latest news releases from the Wage and Hour Division. Oh, hold on one second. I need to take this call. “Yes?” “Eric, it’s ‘1996 Eric.'” “Who?” “It’s you, err, me, from like…

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Everything “employment law” mentioned in last night’s State of the Union Address

In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Pay equity and higher minimum wage. When President Biden took office in January 2021, part of his initial plan was to raise the federal minimum wage…