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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Eleven Attorneys General address their concerns The Dept. of Labor (DOL) just announced the launch of its PAID (Payroll Audit Independent Determination) program, which was designed to give companies a reprieve from fines and other penalties when they self-report wage issues. Although the PAID program’s in its infancy, it’s already facing some significant [...]
The Massachusetts Equal Pay Act (MEPA), passed in 1945, was the first state law of its kind. But it hasn’t provided enough detail to be useful to employees or stiff enough penalties to be compelling for employers. The amendments to MEPA, which take effect July 1, 2018, make the law significantly more relevant. Equal Pay [...]
Self-audit initiative would limit liability if violations found Sometimes, self-audits of a company’s payroll process may uncover surprising issues with paying workers correctly. The Dept. of Labor (DOL) is throwing a lifeline to employers who discover wage problems with its newest initiative, the Payroll Audit Independent Determination (PAID) program. Specific requirements [...]
