22 07, 2021

“Wait staff” redefined for restaurants in Massachusetts

July 22nd, 2021|Uncategorized|

In Massachusetts, there's now a new definition of what's considered a "wait staff employee" in the restaurant industry, thanks to HB 5250. A wait staff employee is a waiter/waitress, bus person or someone working in a quick-service restaurant who prepares or serves food or beverages as part of a team of counter staff. The definition [...]

16 07, 2021

Grocery store fails to pay workers correctly for OT

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

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 [...]

9 07, 2021

DOL: Not enough for employer to have compliant policy on the books

July 9th, 2021|Recordkeeping, Timekeeping|

Why it's key to encourage proper timekeeping practices Supervisors must make sure employees are following your timekeeping policies as they're written. Even if the policy you have on paper is compliant with the law, a regular pattern of the policy being ignored or discouraged can work against your company in any disputes. One employer learned [...]

1 07, 2021

Bonuses: how one company’s murky system landed it in legal trouble

July 1st, 2021|compensation|

Dispute over whether payment was actually discretionary If a bonus is meant to be discretionary, it's key that its terms meet all the requirements set by the Department of Labor (DOL). Otherwise, employers could run into problems. One employer claimed it gave its workers a discretionary bonus, but the circumstances behind it suggested otherwise. Was [...]

25 06, 2021

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

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

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. [...]

16 06, 2021

We’re moving!

June 16th, 2021|Uncategorized|

On June 18th the PayPlus office will be relocating to Nashua NH. Since all employees are working remotely, and will continue to do so, we no longer need the large office space and so we are downsizing. Starting June 18, please use 6 Columbine Drive, Nashua, 03063 for all USPS mail. The phone and fax [...]

9 06, 2021

Electronic FLSA notices: when DOL says they’re OK

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

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 [...]

22 04, 2021

DOL releases updated rule for tipped employees

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

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. [...]

13 04, 2021

Don’t surprise employees with payroll deductions

April 13th, 2021|deductions|

It's important to be cautious when making deductions directly from workers' pay, especially if they're nonexempt and deductions could potentially make their pay fall below the minimum wage. Many states have rules requiring written consent from employees before wage deductions can be made for any reason, even if it's to repay a loan or overpayment. [...]

7 04, 2021

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

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

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 [...]