Rather than jump from my wage and hour soapbox — the hella-best soapbox in town — I’m going to step down slowly.
For you, my HR brothers and sisters, I need to testify a bit longer.
The U.S. Department of Labor announced on Monday that “a human resources outsource provider will pay $1 million in back overtime wages and damages combined to hundreds of employees after a U.S. Department of Labor investigation that found widespread Fair Labor Standards Act violations.”
So what did a human resources provider do wrong?
Businesses will be like…
That’s because, earlier this month, Senator Patty Murray (D-WA), top Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sherrod Brown (D-OH), and Representative Rosa DeLauro (D-CT), introduced the Wage Theft Prevention and Wage Recovery Act. According to this HELP press release, this new bill would put a lot of additional sharp fangs into the Fair Labor Standards Act.
I know when the new Department of Labor overtime rules are going to take effect.
Well, I think I know…
Call it a rule of reason. Or, maybe, it just doesn’t pass the smell test. We could even file this under “Just Sayin’.”
And, of course, it would fracture a few laws, among others, the Fair Labor Standards Act.
On February 9, over 100 members of Congress signed this letter to Secretary of Labor Thomas E. Perez to voice their opposition to the new proposed overtime rules, which could go into effect in July. I only have an electronic version of the letter. But, it looks like it was signed in high-quality ink, and printed on really nice bonded letterhead. Except, you know that “not worth the paper it’s printed on” expression…
1,250 hours.
An employee needs to have worked at least 1,250 hours during the 12 months prior to the start of leave under the Family and Medical Leave Act to be eligible to take qualified leave.
Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair Labor Standards Act requires that you pay that employee overtime. (However, you can discipline that employee for violating your work rules).
But what happens if that same employee works overtime without prior permission and fails to report those hours. Must you still pay that employee overtime?
Back when I had three kids — the one-year old (not pictured) is salting the sidewalk — I took some liberties with snow days and the Fair Labor Standards Act. I’m exempt of course (Executive exemption — like a boss!). For the kids, rather than worry about minimum wage or overtime, I just paid them in Pop Tarts. An honest day’s pay for an honest day’s work. Unless, they had dirty diapers. Then, I docked their pay.
Fast forward a few years. Now, I have four kids. So, with a big snow storm on the way, the older siblings can assume the position while the baby whips me up a hot toddy. Ok, coffee.
I like to pretend that I’m not in New Jersey. Let’s call it international waters. But for you folks in the “real world,” there are some Fair Labor Standards Act and Family Medical Leave Act implications if your business closes for the impending snow. Let’s break ’em down:
About three years ago, I blogged here about Genesis HealthCare Corp. v. Symczyk, a Supreme Court decision addressing a situation in which a Fair Labor Standards Act collective action could be dismissed if the lead plaintiff rejects a Rule 68 offer of judgment. However, the Supreme Court left open the issue of “whether an unaccepted Rule 68 offer that fully satisfies a plaintiff’s individual claim is sufficient to render that claim moot.”
Well folks, strap in, because yesterday, the Supreme Court answered that question.
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