Fair Labor Standards Act (FLSA)

Do you offer “free training” with conditions attached?

PetSmart promises “free paid training” for dog groomers, but employees are stuck with $5,000 in debt unless they stay with the company two years, a California lawsuit alleges. This practice violates a core tenet of labor and employment law that the employer pay for the cost of doing business, according to Rachel Dempsey of Towards [...]

September 23rd, 2022|Fair Labor Standards Act (FLSA)|

Dunkin’ Do-nots labor practices

Dunkin' Donuts franchises have been cited several times over the years for violations of labor laws. If you run a business that hires hourly shift workers or minors, pay particular attention so that you don't run afoul of these laws yourself. Here's a summary of the violations: Wage theft in 2016: for changing employees' time [...]

“I was scared they would fire me.” Worker says she was scheduled to work 7-hour shift with no break

A worker claims she was scheduled to work a 7-hour shift with no break: https://buff.ly/3b7qKxd The article doesn't mention what state this employee works in so whether the employer broke the law is unclear. While the FLSA does not mandate a work break, state laws often do. New Hampshire and Massachusetts limit the number of [...]

Must you pay for pre- and post-shift work?

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, [...]

Can you pay employees with cryptocurrency?

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 [...]

Penalties for FLSA violations increase in 2022

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 [...]

Sign-on bonuses may need to be included in OT calculations

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 [...]

May 12th, 2022|compensation, Fair Labor Standards Act (FLSA), Overtime|

How Under-the-Table Pay Hurts Both Employer and Employee

For the most concise and clear explanation of how under-the-table pay hurts both employer and employee and six fixes, check out this article: http://www.antiquetrader.com/antiques/antiques-americana/antique-store..

Country club penalized for not including commissions in OT calculations

Belle Meade Country Club in Nashville TN violated the overtime provisions of the Fair Labor Standards Act and had to pay 12 workers $93,750 in back overtime wages and damages. Employees--who provided lessons, merchandise sales, and equipment services to members and guests of the Club--didn't receive the proper overtime pay because commissions were not included [...]

March 25th, 2022|compensation, Fair Labor Standards Act (FLSA), Overtime|

Teen worked hours that weren’t allowed by law

A 14-year-old youth was allowed to operate power machinery while helping with repairs. The youth also worked while school was in session. In addition, employees of all ages didn’t receive the proper overtime pay. For these violations of the child labor and overtime provisions of the Fair Labor Standards Act, AutoWorld of Conway SC had [...]

February 17th, 2022|Fair Labor Standards Act (FLSA), Overtime|