Articles Posted in Wage and Hour

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A recent DOL enforcement action shows how routine rounding practices can spiral into serious legal exposure. This post breaks down one employer’s nearly $600,000 mistake—and explains what the FLSA really permits when it comes to rounding work time.

TL;DR: A construction contractor just had to pay nearly $600,000 in back wages and damages after the Department of Labor found systemic underpayment of overtime. A key issue? The company’s rounding and timekeeping practices. Rounding work time can be legal—but only if it doesn’t shortchange employees over time. Here’s what every employer needs to know.

A Costly Lesson in Cutting Corners

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Fired Over $15. Or Was It the HR Complaints?

A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags.

The Second Circuit said a jury should decide whether she was fired for taking the $15—or for speaking up. Continue reading

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You’d expect a company to listen when its Chief People Officer—especially one with nearly three decades of labor and employment law experience—raises concerns about compliance. Instead, this employer—a law firm—reassigned her shortly thereafter and fired her within the week of returning from bereavement leave. A jury just awarded her $3.27 million for retaliation.

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Whether you’re drafting agreements for a C-suite hire, a high-profile consultant, or a VIP client, there are legal landmines everywhere—from misclassification to IP disputes. Today, we’re tackling them all.

TL;DR: Join me and attorney Merlyne Jean-Louis for a free Zoom session at 12 PM ET today—Friday, May 9, 2025—as we break down the legal and strategic considerations that go into working with VIPs, whether they’re public figures, top executives, or behind-the-scenes power players.
🔗 Register here

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The Department of Labor just blinked. Again. In its latest move, the agency announced that it’s stepping back from its own 2024 independent contractor rule and reverting to older, more flexible standards. That’s not just a procedural shift—it’s a clear signal that the DOL may be moving away from stricter employee classification altogether. Continue reading

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Working with VIPs can feel like walking a legal tightrope. From influencers to high-profile executives, businesses often face big questions: Are they independent contractors or employees? What must go into their agreements? And how do you protect your intellectual property—and avoid legal headaches?

On May 9 at 12 PM ET, I’ll be teaming up with my colleague, Merlyne Jean-Louis, for a free Zoom session you won’t want to miss: Continue reading

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The Fair Labor Standards Act has been known to trip up HR professionals and employer lawyers, too. Payment for travel time, for example, can have several variables, such as when, where, why, and how. However, a recent Third Circuit decision clarified when, if ever, an employee’s travel time between client sites is compensable.

I’ll spare you the court’s FLSA minutiae and reduce it to a 60-second plain English read for you and your colleagues.

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Navigating the maze of wage laws can sometimes feel like playing a high-stakes game of “gotcha,” especially for restaurant operators. A recent opinion letter from the Department of Labor (DOL) clarifies when managers and supervisors can participate in tip pools if they perform the same duties and responsibilities as other typically tipped employees.

TLDR: never.

Understanding the Basics

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