Articles Posted in Wage and Hour

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Folks, someday, the U.S. Department of Labor’s Wage and Hour Division (WHD) may darken your door to audit your books and records. Perhaps, they’ll find a violation and require you to pay back wages and liquidated damages. If your next steps involve retaliating against employees who cooperate with investigators and demanding kickbacks of back wages, you will compound those problems.

I told you so.

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noun-overtime-4739815Has anyone ever sued your business for violating the Fair Labor Standards Act? This federal law requires covered employers to pay minimum wage and overtime at time-and-a-half when employees work more than 40 hours in a workweek.

They can be expensive to defend — even the ones that aren’t collective (class) actions.

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Last week, the House and Senate introduced a bill called the Wage Theft Prevention and Wage Recovery Act. One of the bill’s primary goals is to ensure that workers receive timely regular paystubs and final paychecks. That seems non-controversial.

But as you read deeper into the proposed legislation, you’ll find that, perhaps, the main objectives of this legislation aren’t just pay stubs, but something else entirely.

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Whether a six-figure supervisor is exempt from the Fair Labor Standards Act overtime rules is probably not something that’s kept you up at night — unless you pay your employees a lot of money without paying them a salary (e.g., day rates).

Or you’re just an FLSA nerd like me. Continue reading

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Last week, I read this press release from the U.S. Department of Labor’s Wage and Hour Division announcing a six-figure recovery from an employer that “illegally placed a cap on overtime at 16 hours per pay period and paid any overtime beyond 16 hours at straight time rates, a violation of the Fair Labor Standards Act.”

So, let’s discuss some FLSA/overtime rules. Continue reading

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Always wait at least one hour before swimming after a large meal. That big brown shark in the swimming pool isn’t always a Baby Ruth. Hold the cue stick properly. Chalk up before each shot. These are solid (and mildly off-putting) pool tips.

But let’s talk about tip pools instead. Continue reading

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What I’m about to share with you today will never become a Hollywood blockbuster. Actually, it’s so dull that I would sell it over the counter as a holistic sleep aid if I could bottle it.

Ambien’s got nothing on wage-and-hour minutiae.

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