Articles Posted in Wage and Hour

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When this happened, you knew that I had to do some celebrating. Twice.

So, the fam and braved the long lines (during which my young children got quite a vocabulary lesson) and headed into Philadelphia on Thursday for the Philadelphia Eagles parade. Just us and a few million strangers.

But, football season is over. I’ve caught my breath. I’m back in employment lawyer blogger mode with a 3-in-1 post today. Continue reading

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Image Credit: Photofunia.com

Last week, the U.S. Department of Labor did more for employers than just revamp its internship test.

It re-issued a slew of opinion letters to help employers with sticky wage-and-hour issues. I’ve highlighted a few of the more notable ones below.

[Fair warning: We get kinda wonky by the end] Continue reading

LEGO MARVEL AVENGERSI had one date circled — one date between now and the end of the year.

Later this week, on November 17, Netflix releases Marvel’s The Punisher. If you’ve dorked out gotten culture with any of The Defenders series, then, like me, you’ve been chomping at the bit for this release. But, if you need some enticement, check out the official trailer for Marvel’s The Punisher. It opens with Frank Castle as an early contender for Father Of the Year, teaching his kid Metallica on an acoustic guitar. Seconds later, Castle’s entire family is dead and he’s talking about infiltrating a covert CIA operation. And, at the 1:22 mark of the trailer, we have this exchange between Frank Castle and a sidekick:

Sidekick: You and me, we want the same thing. So, work with me.

Frank Castle: On one condition. I’m gonna kill ’em all.

Sidekick: Yeah, I can live with that.

Dammit, Netflix! Stop twisting my arm! Cause, it hurts so good.

***blows smoke and starts chewing bubble gum cigarette***

Now, if you’re going to circle one other date on the calendar, may I suggest December 7? Yep, I’ve buried the lede long enough. Continue reading

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If an employer violates the Fair Labor Standards Act, like by not paying overtime, the plaintiff(s) can generally recover two years of unpaid overtime for the two years preceding the lawsuit. Those plaintiffs may also recover liquidated damages equal to the unpaid overtime.

So, if an employer owes $100 in overtime, the total bill with liquidated damages would be $200.

However, if the employer willfully violates the FLSA, then the damages increase. That’s because the lookback period for a willful violation becomes three years.

But, what makes a violation willful? Yesterday, the Third Circuit helped answer that question. Continue reading

A few years back, some progressive (?) restaurants around the country made headlines by paying their waitstaff more than minimum wage and putting the kibosh on customer tips.

This broke with the traditional way of paying customarily-tipped employees in scratch offs and iced animal crackers. That is, most employers would pay the minimum-required cash wage of $2.13 under the Fair Labor Standards Act (unless your state requires a higher minimum wage) and use customer tips as a credit against the $7.25/hr. minimum wage obligation to the employee. This is known as, you guessed it, the tip credit.  Continue reading