The Department of Labor (DOL) assessed Area Wide Protection Inc., dba Roadtek Traffic Solutions LLC, $112,187 in back wages and an equal amount in liquidated damages to 297 employees based in Virginia, North Carolina, and Pennsylvania. The employees had to report to the office to complete tasks before and after their shifts. Tasks included flagging, [...]
In a word, no. The Fair Labor Standards Act (FLSA) regulations state that wages must be paid in cash or its equivalent. Employers may pay bonuses in crypto, but FLSA regulations do not permit base wages to be paid in virtual currency (crypto), such as Bitcoin. Payments for work are considered "wages" for employment tax [...]
The Department of Labor (DOL) recently clarified how attendance policies can lead to violations of the Family and Medical Leave Act (FMLA). No-fault attendance policies give employees points for every absence instead of distinguishing among reasons for leave. For example, a father who misses three days of work to care for his young daughter in [...]
The cost of everything seems to be going up--and that includes fines for violations of the Fair Labor Standards Act (FLSA). The Department of Labor announced its latest penalty amounts in the Federal Register on January 14, 2022. Here's what has changed for 2022 as it pertains to the FLSA and some other laws administered [...]
Technological setbacks can try anyone's patience--whether it's waiting for your computer to boot up, software to load, or upgrades to finish. Recently, questions about whether nonexempt employees must be paid for this type of waiting time have reached the courts. Here are the details from two cases: In Peterson v. Nelnet Diversified Solutions, LLC, the [...]
Home health company owed $25K after DOL investigation Getting employees in the door with sign-on bonuses can help a company through a hiring crunch, but a new employee's bonus may need to be included in the regular rate of pay for overtime purposes. In fact, the Department of Labor (DOL) has been checking for compliance [...]
Termination pay is riddled with potential problems, as a recent federal district court case shows. In Garcia v. Wal-Mart, an employee clocked in for work and a few minutes later was called into a meeting with his supervisor, where he learned of his termination. He then left the premises, and his co-worker clocked him out [...]
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Since the Great Resignation is still in full swing, it's key to get the right employees in the door to fill any job openings. To better wade through the sea of applicants and increase your chances of successfully onboarding and retaining new people, you need to start off on the right foot during the interview [...]
Federal, state, or local laws might require you to send notices to employees regarding their pay. Or, you might voluntarily decide to beef up communications. Before you spend time searching for just the right words, find out whether the government entity has already done the work for you. For example, in Notice 2021-53, the IRS [...]
