The U.S. Department of Labor (DOL) released their 2014 fiscal year budget request, which included provisions that foreshadow an increase in enforcement of vital federal legislation for employees. Additional funding requested by the DOL indicates that it will step up enforcement of the federal Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and will crack down on the misclassification of workers by employers. The DOL is seeking a total 2014 budget of around $12.1 billion, about the same amount as...
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The U.S. House of Representatives Education and Workforce Committee has approved a bill that would overhaul the options employers have in compensating employees for overtime work. The bill would amend the Fair Labor Standards Act (FLSA) to allow employers to offer compensatory paid time off to hourly employees who work more than 40 hours in a single workweek, instead of the current system of time-and-a-half the employee’s regular rate of pay. According to USA Today, many believe that this...
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In a tough economy, employment and wage and hour litigation tends to increase rapidly, with employers seeking to find cost-cutting loopholes and employees finally looking into the legal rights granted by wage and hour law. The next frontier of wage and hour litigation may be the realm of unpaid internships. Although unpaid internships have represented a significant boon for companies and a valuable learning experience for interns, there has been significant pushback against the practice in recent years.
Last year, the U.S. Department of Labor (DOL) and certain states began to crack...
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The U.S. Supreme Court will again confront the issue of what “changing clothes” means under the Fair Labor Standards Act (FLSA), granting certiorari in Sandifer v U.S. Steel. This lawsuit, filed by over 800 current and former workers at a U.S. Steel plant in Gary, Indiana, seeks compensation for the donning and doffing of various pieces of clothing, safety and protective gear, as well as the time spent walking between the locker room and work stations. The gear that the employees regularly changed into included flame-retardant pants and jacket, work gloves, steel-toe work boots,...
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A proposed class-action lawsuit in California is seeking overtime pay for employees who claim they were not paid for time spent putting on and taking off mandatory safety equipment, according to the Monterey County Herald. The plaintiff in the proposed suit, Jose L. Hernandez, a former Dole Food Co. employee in Salinas, CA, alleges that he and other workers are owed overtime compensation for the “time-consuming” process of putting on and later taking off safety...
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According to the Los Angeles Times, District Court Judge Christina Snyder has tentatively agreed to include Wal-Mart as the newest defendant in a class action lawsuit brought on by temporary workers at a Southern California warehouse. Wal-Mart, Schneider Logistics, and two staffing agencies allegedly provided poor working conditions and failed to pay minimum wage or overtime compensation to approximately 1,800 workers. The warehouse, operated by Schneider Logistics, receives...
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One of the most confusing and oft-questioned areas of wage and hour law are the rights and requirements for employees who receive tips. The federal Fair Labor Standards Act (FLSA) sets standards for tipped employees, which are defined by employees who customarily and regularly receive more than $30 per month in tips. The FLSA tip provisions were updated in 2011, so it is important for both employees and employers to understand the specifications that apply to them.
There is often much confusion over what...
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Two southeastern locations of AutoCricket.com have been ordered to pay 414 employees a total of $76,589 after an investigation into their practices of not paying employees for short rest breaks. The Wage and Hour Division of the U.S. Department of Labor (DOL) found that short breaks were being deducted from the total hours worked by employees, a violation of the Fair Labor Standards Act (FLSA). This most recent result by the DOL is an excellent example of the kinds of widespread...
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A Colorado McDonald’s Corp. franchisee has repaid thousands in back wages to employees after the U.S. Department of Labor (USDOL) examined its wage and hour practices, the Denver Post is reporting. The results of an investigation by the USDOL’s Wage and Hour Division, according to the agency, discovered minimum-wage, record-keeping, and child-labor violations at each of its 16 Denver metro-area locations. The franchisee has repaid $58,227 in wages to 1,258...
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Although many people consider compensable time only when they are actively performing duties for their employer, there are other realms in which workers may be entitled to compensation, including work-related transportation, e-mailing and other off-hour duties, and meal and rest breaks. As it is an oft-asked question: When should employees be compensated for rest and meal breaks?
The federal Fair Labor Standards Act (FLSA), which sets national requirements for minimum wage, overtime pay, and recordkeeping, does not require employees be given meal or rest breaks. However, if...
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