Fair Labor Standards Act (FLSA)

Grocery store fails to pay workers correctly for OT

Employer: Supermercado Lomabonita, St. Paul MN Business: Grocery store Law broken: Overtime provision of the Fair Labor Standards Act Type of violation: The employer didn't combine hours employees worked at multiple store sites during the week, meaning they weren't paid overtime for hours worked over 40. In addition, some workers were incorrectly classified as exempt [...]

July 16th, 2021|compensation, Fair Labor Standards Act (FLSA), Overtime|

Deducting from wages for damaged property: employer’s big mistake

Employers that make deductions from employees' wages for damaged or missing equipment must follow the law carefully to stay out of hot water. In Galleher v. Artisanal LLC, an employer ended up in court because of its practice of regularly deducting the cost of any broken property, such as dishes and glassware, from workers' paychecks. [...]

June 25th, 2021|deductions, Fair Labor Standards Act (FLSA)|

Electronic FLSA notices: when DOL says they’re OK

Whether or not employees are still working remotely to prevent the spread of the coronavirus, the Dept. of Labor (DOL) expects employers to comply with notice guidelines under federal law, though there is some flexibility. While employers must still post a printed, hard-copy notice on site to meet the requirements of the Fair Labor Standards [...]

June 9th, 2021|deductions, Fair Labor Standards Act (FLSA), Remote work|

DOL releases updated rule for tipped employees

A new final rule from the Department of Labor (DOL) makes it clear how employers should handle their workers' tips. The rule, which amends the Fair Labor Standards Act, specifically states that employers aren't allowed to keep these tips under any circumstances. Managers and supervisors aren't allowed to receive any portion of employees' tips, either. [...]

April 22nd, 2021|Fair Labor Standards Act (FLSA)|

Webinar attendance: When workers should and shouldn’t be paid

Opinion letter from DOL lays out common scenarios During the pandemic, webinars have replaced many in-person training opportunities for employees, and this time may be compensable. The Dept. of Labor (DOL) offered guidance, in a recent opinion letter, on when attending webinars should be considered paid working time. Training guidelines Per the Fair Labor Standards [...]

April 7th, 2021|Fair Labor Standards Act (FLSA)|

Issues with direct deposit system: Employer is still liable for late checks

Missed paydays were quickly corrected, but it didn't matter The timely pay requirement of the Fair Labor Standards Act (FLSA) are clear: Workers must receive their pay as scheduled or else employers are liable--even if delays are due to factors beyond the employer's control. A district court confirmed this in Fleming vs. Elliot Security Solutions [...]

February 4th, 2021|direct deposit, Fair Labor Standards Act (FLSA)|

Company ‘banked’ hours to pay at later date, now owes $104K in OT

Company ‘banked’ hours to pay at later date, now owes $104K in OT Paid workers for additional time at their regular rates Sometimes, if work comes in waves, a company may want to help workers out by allowing them to “bank” extra hours in a workweek, applying them to a future pay period when work [...]

March 21st, 2019|Fair Labor Standards Act (FLSA)|

New legislation may raise federal minimum wage

New legislation may raise federal minimum wage If the latest bill introduced in Congress is any indication, soon the federal minimum wage could increase for the first time in almost a decade. The proposed bill would raise minimum wage to $15 per hour. Growing trend Under the Raise the Wage Act, the minimum wage would [...]

March 21st, 2019|Fair Labor Standards Act (FLSA)|

New Massachusetts OT Pay rules

It’s 1.5 times regular pay now, but countdown will soon begin In Massachusetts, retail employers are saying a slow goodbye to overtime pay for Sunday and holiday work. Here’s what you need to know, with the following changes occurring on January 1: 2019 – 1.4 times regular pay 2020 – 1.3 times regular pay 2021 [...]

February 13th, 2019|Fair Labor Standards Act (FLSA), Overtime|

Business was slow – and then FLSA violations quickly added up to $4.2M

  Legal Guidelines for workers who spend time waiting   In most cases, employees must be paid when they’re waiting for work to do during their shifts, according to the Fair Labor Standards Act (FLSA).   If they aren’t there can be serious consequences, as one California car wash operator learned.   Vahid Delrahim owned [...]

September 28th, 2018|Fair Labor Standards Act (FLSA)|