Topic: Wage-hour laws

Taking on Unpaid Summer Interns? Don’t Take on a Lawsuit, Too…

“… when a complaint is made, the price of an unlawful internship can be quite high. Failure to pay wages, failure to pay minimum wage, overtime, meal and rest violations, and related penalties and attorneys’ fees and costs can add up quickly.” (Ervin Cohen & Jessup) “Summertime, and the livin’ is easy…” Unless, of course,… Read more »

In The Workplace: Latest Need-to-Know Employment Law News

Keeping track of the latest developments in labor and employment law can be challenging for employers and HR managers. What to know? Health care reforms, revisions to the Family and Medical Leave Act, judicial interpretations of the Fair Labor Standards Act, to be sure. But also textual harassment, workplace investigations, internships, working interviews, and much… Read more »

Do Your Employees Telecommute? You Should Know…

“Employers are responsible for providing a safe workplace to all employees, even employees working at home…” (Eric Uhl, Fisher & Phillips) Telecommuting may provide companies with a number of benefits, but it’s not without legal risk. Here are five issues to consider: 1. Wage and hour laws: “While telecommuting may appear to be a terrific… Read more »

Workplace Need to Know: Latest On Wage and Hour Law

“Under Title VII, the top six most frequently challenged [employment] practices [in 2012] were discharge/constructive discharge, harassment/intimidation, terms and condition of employment, discipline, promotion, and wages. Even though the number of charges dipped, the EEOC obtained a historic amount of money from private employers through its administrative process – $365.4 million.” (Littler) According to statistics… Read more »

New Year Brings New California Employment Laws

California employers and HR managers take note: the winds of change are blowing in your state, and they’re headed right for your employment practices… On January 1, 2013, a broad range of new and revised labor regulations go into effect. Here’s a look at nine of them: 1. Written contracts for employees on commission: “Beginning… Read more »

California Employers: Are Your Commission Compensation Plans in Place?

If you have employees in California working on commission, take note. As of January 1, 2013, revisions to the state’s labor code require you to have written contracts with each commissioned worker, setting forth the ways in which compensation will be computed and paid. Three things to keep in mind when updating and drafting your… Read more »

Hurricane Sandy Aftermath a HR Nightmare for Workers and Their Employers

“Natural disasters like Hurricane Sandy can create a host of employment challenges for employers, from wage-hour concerns to employee leave and employee safety.” (Schnader) As the country begins to understand the profound damage wrought by Hurricane Sandy, those folks who managed to make it through relatively unscathed are finding a new nightmare in the wake… Read more »

Riding Out the (Franken)Storm: 5 Ways to Prepare Your Business for Disaster Recovery

Sandy has already been called “the storm of a lifetime,” and at time of writing it hasn’t even fully made landfall yet. As people up and down the East Coast prepare for the onslaught, this is perhaps a good time for all of us to consider the types of preparations that can ease recovery for… Read more »

Breastfeeding, Social Media, Wages, Human Trafficking: California Employers Face Mountain of New Labor Laws

On September 30, 2012, California’s Governor Jerry Brown signed a package of new employment laws and amendments to existing statutes, most of which go into effect on January 1. Here are some of the highlights: On social media privacy: “Assembly Bill No. 1844 prohibits an employer from ‘requiring or requesting an employee or applicant for… Read more »

Keep Your Hands Out of the Tip Jar (and Other Celebrity Chef Lessons)

Restaurant owners and managers: sometimes the best lessons from celebrity chefs don’t happen in the kitchen. The latest comes from MasterChef Graham Elliot, who recently settled a tip pooling lawsuit with Gregory Curtis and other waiters in Elliot’s Chicago restaurant for an undisclosed amount. The waiters claimed they were forced to share tips with non-waiters,… Read more »

Court Narrows Definition of “Joint Employers” in Class Action Lawsuits

A recent ruling in the Third Circuit will make it harder for plaintiffs to include parent companies, subsidiaries, and affiliated companies in class action employment lawsuits. Some background, from law firm McNees Wallace & Nurick: “As in most types of class-based litigation, plaintiffs in Fair Labor Standards Act (FLSA) collective actions typically seek certification of… Read more »

Employment Law Roundup: NLRB, California Wage-Hour, OSHA Postings, and More

For your reference, an overview of recent commentary on labor and employment law: National Labor Relations Board NLRB Report Challenges Validity of Many Commonly Used Social Media Policies (Littler) NRLB Report: Employers’ Social Media Policies Must be Narrow, Must not Restrict Right to Engage in Protected Activities (Mintz Levin – Employment, Labor & Benefits) Alternative… Read more »

Doc of the Day: Just Because Your Employees Telecommute Doesn’t Mean You Get a Free Pass on Wage-Hour Laws

Fisher & Phillips reminds employers that offering workplace flexibility options to their employees — telecommuting, atypical hours, alternative work patterns, for example — does not give them a pass on complying with wage and hour laws: “Under the federal Fair Labor Standards Act alone, thorny issues are presented by employees who spend less worktime on-premises… Read more »