Under the Patient Protection and Affordable Care Act, also known as the Affordable Care Act or Obamacare, most employers are required to provide one of two notices to all employees. Guidance was provided to employers by the US Department of Labor (DOL) in Technical...
Tip of the Week: Deadline Looms for Notice To Employees of Coverage Options
Under the Patient Protection and Affordable Care Act, also known as the Affordable Care Act or Obamacare, most employers are required to provide one of two notices to all employees. Guidance was provided to employers by the US Department of Labor (DOL) in Technical...
Question of the Week: Do We Need to Include Bonuses in Overtime Calculations?
This week’s question comes from Sylvia, a payroll manager. Sylvia asks: We have employees who worked overtime this past week and received bonuses. Do we need to include bonuses in overtime calculations? Answer: The bonuses may or may not have to be included in the...
Question of the Week: What Is the Impact of Not Providing a Tip Credit Notice?
This week’s question comes from Tony, a restaurant owner. I read that restaurants should obtain a signed tip credit notice from all tipped employees. What is the impact of not providing a tip credit notice? Answer: Employers who do not provide a tip credit notice are...
Tip of the Week: Restaurants Should Obtain a Signed Tip Credit Notice from All Tipped Employees
On April 5, 2011, the US Department of Labor (DOL) issued a final rule that affects employers who have tipped employees. The rule amended a Fair Labor Standards Act (FLSA) regulation. All employers are required to provide certain required information to all tipped...
Prince George’s County Public Schools Agrees to Pay $4.2 Million in Back Wages
The US Department of Labor’s Wage and Hour Division has obtained an agreement for Maryland’s Prince George’s County Public Schools system (PGCPS) to pay $4,222,146 in back wages due 1,044 workers to resolve violations of the H-1B temporary foreign worker program....
Farmers Insurance Agrees to Pay $1.5 Million in Back Wages
Los Angeles-based Farmers Insurance Inc. (Farmers) has agreed to pay $1,520,705 in overtime back wages to 3,459 employees following an investigation by the US Department of Labor’s Wage and Hour Division that disclosed significant and systemic violations of the...
Question of the Week: Do We Need to Pay for Eight Hours of Work Because of the Switch to Daylight Saving Time?
This week’s question comes from Charlie, a manufacturing plant manager. We have a third shift that works from 11 pm to 7 am the following day. Some of the workers will work this Saturday night into Sunday. Do we need to pay for eight hours of work because of the...
Question of the Week: How Many Hours Do We Need to Pay for Work on the Third Shift This Saturday Night?
This week’s question comes from Meg, an HR manager. We have a third shift that works from 11 pm to 7 am the following day. Some of the workers will work this Saturday night into Sunday. How many hours do we need to pay for work on the third shift this Saturday night?...
Twelve Lawsuits Alleging FLSA Violations by Bank of America to Be Centralized in Kansas
Twelve separate lawsuits from California, Florida, Kansas, Texas, and Washington, all of which allege that Bank of America (either Bank of America, NA or Bank of America Corp.) “routinely fails to pay its employees for off-the-clock overtime work in violation of the...
Ninth Circuit Rules No Pay for Police Officers for Time Spent Donning and Doffing Uniforms and Gear
The US Court of Appeals for the Ninth Circuit recently affirmed that police officers in the city of Mesa, Arizona were not entitled under the Fair Labor Standards Act (FLSA) to be paid for time spent donning and doffing their uniforms and protective gear, in the case...
Nursing Mothers Now Entitled to Breaks under FLSA
Under the Patient Protection and Affordable Care Act of 2010, employers must provide a nursing mother a reasonable break time to express breast milk for up to one year after her child’s birth. There is no quantified limit on the number of breaks to be allowed or the...
Fair Labor Standards Act Does Not Require Pay for Hour Not Worked Due to Switch to Daylight Saving Time
Since Daylight Saving Time begins in most parts of the country at 2 am, Sunday, March 14, 2010, many workers on a third shift will only work seven hours. At 2 am on that day, clocks are turned ahead to 3 am. The Fair Labor Standards Act does not require employers to...
Tip of the Week: Making Employees Pay for Damaged Company Property
Many employers have real concerns about avoidable expenses resulting from employee damage to company property. Some employers have specific policies requiring employees to reimburse for the damages often in the form of payroll deductions or a deduction from the...
US Department of Labor Issues and Withdraws Opinion Letter on Exempt Status of Client Service Managers
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-26. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
US Department of Labor Issues and Withdraws Opinion Letter on Salary Deductions from Exempt Registered Nurse
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-25. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
US Department of Labor Issues and Withdraws Opinion Letter on Overtime Pay for Employees with Fluctuating Workweeks
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-24. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
US Department of Labor Issues and Withdraws Opinion Letter on Tipped Employees
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-23. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
Department of Labor Cites Robert Ferrari, Inc. for Labor Violations at Vineland, NJ Vegetable Farm
The US Department of Labor (DOL) has announced that it has cited Robert Ferrari, Inc. for “child labor and minimum wage violations of the Fair Labor Standards Act (FLSA).” According to the DOL, the investigation revealed both employment of individuals under the age of...
US Department of Labor Issues and Withdraws Opinion Letter on Minimum Tip Credit
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-22. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
Nondiscretionary Safety Bonus Complies with Overtime Rules
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-21. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
Question of the Week: Do I Have to Pay Employees for Holidays?
This week’s question comes from Ryan, a small-business owner. We’re going to be closed next Monday for Labor Day. We have some full-time employees and some part-time employees. Do I have to pay employees for holidays? Answer: There is no requirement in the Fair Labor...
Use of Employee Leasing Company Could Subject Non-profit Institution to FLSA
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-20. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
Tip of the Week: Paying Attention to Travel Time
How does the Fair Labor Standards Act (FLSA) apply to travel time? How is weekend time handled if it combines business time and personal time? Must employees be paid for commuting if it’s done in company-owned vehicles? Learn the answers to these questions and much...
US Department of Labor Issues Opinion Letter on Transportation Authority Employees
The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-19. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations...
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