Posts filtered by tags: FLSA[x]


Wondering What the Minimum Wage is in your State? Read This

The federal minimum wage is currently set at $7.25 per hour. However, many states and local communities have higher minimum hourly rates for workers. In fact, 22 states raised their minimum wage rules early in 2019, surpassing the 2018 total of 18. Minimum Wage 2019 To keep up with the rules in terms of your staff, here’s a rundown of where each state stands currently. Alabama Alabama doesn’t have a state minimum wage. So businesses here must pay the federal rate of $7.25 per hour. Alaska ...
Tags: New York, Minnesota, California, Washington, Employment, Sales, Indiana, Chicago, Alaska, Connecticut, New Mexico, Illinois, Columbia, Georgia Georgia, West Virginia West Virginia, Wisconsin Wisconsin

2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)

Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana right of publicity statute when those organizations use the names, pictures, and statistics of players without their consent because the use falls within the meaning of “material that has newsworthy value,” an exception under the statute.” * Washington Post: ‘Everyone signed one’: Trump is aggressive in ...
Tags: Amazon, Facebook, Minnesota, Law, Congress, Washington Post, China, Massachusetts, Court, E-commerce, Indiana, Trade Secrets, Maine, New Jersey, District Of Columbia, Ada

How to Negotiate Employee Benefits With Small Business Employers

When applying for a job, it’s easy to get overwhelmed by questions: do you want a salary or hourly rate? Is it better to be an employee or a contractor? What is the commute time, and can you work from home? The answers to these questions about employee benefits and workplace environment will shape your experience with a company. Despite that, many workers underestimate the importance of a great benefits package. Healthcare, retirement contributions, stocks options, and profit sharing, and paid t...
Tags: Google, Facebook, Business, Sales, Employee Benefits, Healthcare, Health Insurance, Negotiation, Vacation Time, Bureau of Labor Statistics BLS, FMLA, FLSA, Health Insurance Health, Employee Perks, Employee Performance Reviews, Small Business Hiring

WIRTW #537 (the “Roma” edition)

We are contemplating spending Spring Break in Rome. For those who've been, what's you best tip for first-time visitors? Sights not to be missed? Things that are off the beaten path? Where to stay? Best pizza? Best gelato? Drop a note in the comments below and let me know your Rome tips. Here's what I read this week: Discrimination Google sued for allegedly covering up sexual misconduct allegations — via Engadget  Boys and Thrones and Sexual Harassment — via HR Examiner with John Sumser Liti...
Tags: Google, Law, Rome, Ada, Omega, ERC, McConnell, Troutman Sanders, NLRA, Eric Meyer, Kavanaugh, Spring Break, GrubHub, FLSA, Jon Hyman, Suzanne Lucas

United States: DOL's Opinion Letter Tackles Varying Average Wage Rates And FLSA Overtime Compliance - Ogletree, Deakins, Nash, Smoak & Stewart

On December 21, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released an opinion letter, FLSA2018-28, in which it addresses minimum wage and overtime pay requirements
Tags: News, United States, Stewart, FLSA, U S Department of Labor DOL, Ogletree Deakins Nash Smoak

Beware pre- and postliminary activities

In Integrity Staffing Solutions v. Busk, the Supreme Court held that the FLSA only requires employers to compensate employees for time spent performing "preliminary" (pre-shift) and "postliminary" (post-shift) activities that are "integral and indispensable" to an employee’s principal activities. What are "integral and indispensable?" Those activities that are (1) "necessary to the principal work performed" and (2) "done for the benefit of the employer." In Busk, for example, the Court held t...
Tags: Amazon, Law, Houston Texas, FLSA, Mireles, Integrity Staffing Solutions, Jon Hyman, James Carol Lee, Busk the Supreme Court, Hooters of Am LLC

United States: Litigate Locally (Not Nationwide), Federal Courts Increasingly Tell FLSA Plaintiffs - Seyfarth Shaw LLP

Seyfarth Synopsis: Two recent decisions by federal courts in Massachusetts highlight barriers to litigating FLSA cases on a nationwide basis
Tags: News, Massachusetts, United States, Seyfarth, FLSA, FLSA Plaintiffs Seyfarth Shaw LLP

'Twas the Employment Law Night before Christmas

'Twas the night before Christmas, when all through the office Not a creature was stirring, well, just one of the bosses; The bonuses were paid by the company with care, In hopes that no ungrateful employees would swear. The workers were home all snug on their thrones; While visions of deadlines danced on their iPhones; And I at my desk, alone to deal with the crap, For the one who's in charge gets no holiday nap. When out in the lot there arose such a clatter, I sprang from my desk to see what ...
Tags: Law, Said, FMLA, FLSA, Jon Hyman

A quick review on the rules for docking pay for exempt employees

"Can I dock part of an employee's paycheck?" It's one of the questions I get most often from clients. So, let's take a quick run through the rules of docking employee's pay for exempt employees. Generally speaking, it violates the Fair Labor Standards Act to dock (that is, take a deduction from) the salary of an exempt employee. Under the FLSA, an exempt employee earns their entire salary for a work week as soon as that employee works even one minute during that week. The logic is simple. Once y...
Tags: Law, FMLA, FLSA, Jon Hyman

United States: You May Not Have To Pay Attorney's Fees In Some FLSA Cases - Fisher Phillips LLP

If you have ever had to defend against a lawsuit under the FLSA, you probably know that attorney's fees awards often far exceed the value of your employee's claims.
Tags: News, United States, FLSA, FLSA Cases Fisher Phillips LLP

Assistant Planner at Puget Sound Regional Council in Seattle, WA

Assistant Planner Closes:     The position is open until filled with applications reviewed beginning December 14, 2018.   Status:     Regular Full-time, 40 hours per week; Exempt FLSA status.   Salary:     The starting salary range is $50,280 - $58,000 annually, DOE, with full benefits. Location:   Puget Sound Regional Council; Downtown Seattle, Washington
Tags: Seattle Wa, FLSA, Puget Sound Regional Council

United States: DOL Extends PAID Program, Presenting Employers With "Third Option" To Release FLSA Claims - Littler Mendelson

In an effort to create a win-win solution for both employers and employees, the Department of Labor has extended its pilot compliance program, called the Payroll Audit Independent Determination.
Tags: News, United States, Department of Labor, Littler Mendelson, FLSA

Planner II at Fairbanks North Star Borough in Fairbanks, AK

POSITION TITLE:                           Planner IISTATUS:                                         Regular Full TimeSALARY:                                         12A $28.12/hr.FLSA:                                               Non-ExemptPCN:                                                CP0312AUNION STATUS:                             01 APEA
Tags: FLSA, Fairbanks North Star Borough

Data Technician at Puget Sound Regional Council in Seattle, WA

Data Technician Closes:     The position is open until filled with applications reviewed beginning Friday, November 9, 2018.   Status:     Regular Full-time, 40 hours per week; Non-exempt FLSA status.   Salary:     The starting salary range is $41,600 - $49,000 annually, DOE, with full benefits. Location:    Puget Sound Regional Council; Downtown – Seattle, Washington  
Tags: Seattle Wa, FLSA, Puget Sound Regional Council

From the archives: The Employer Bill of Rights

I recently came across an interesting blog, entitled, 10 Workplace Rights You Think You Have — But Still Don't. Written by plaintiff-side employment lawyer Donna Ballman, it suggests that employees have far fewer workplace protections than they might think, and rights like wrongful termination, free speech, and workplace privacy simply do not exist. That post got me thinking about a post I wrote 7 years ago — The Employer Bill of Rights. After more than 20 years representing employers in work...
Tags: Law, Ada, NLRA, Donna Ballman, OSHA, FMLA, FLSA, ADEA, Jon Hyman, USERRA, Control Operations The Right

United States: Department Of Labor Extends PAID Program For Resolving Employer FLSA Violations - Jones Day

The Situation: After a six-month pilot, the U.S. Department of Labor ("DOL") confirmed continuation of its Payroll Audit Independent Determination
Tags: News, United States, Department of Labor, FLSA, U S Department of Labor DOL

Wage & Hour Claims Still Going Strong and Yet…

Back in 2011, I wondered aloud: Might the impact of new arbitration decisions from the U.S. Supreme Court bring about the end to big wage & hour class actions? At the time, I said it would be premature. Seven years later – what’s changed? Well, as it turns out, wage & hour class actions are not dead. Indeed, based on some statistics, they’re as costly as ever. Earlier this year, the Workplace Class Action Litigation report noted that just the top  ten class action settlements totalled over $2.7...
Tags: Law, Overtime, Wage, Hour, Class Action, Class Actions, Arbitration, U S Supreme Court, Ninth Circuit, FLSA, Human Resources (HR) Compliance, Wage & Hour, Misclassification, Waiver, Featured Content, Hotel and Hospitality

United States: Employers Speak Out On Proposed Changes To FLSA Overtime Rule - BakerHostetler

On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption.
Tags: News, United States, FLSA, Department of Labor DOL

Court reminds that economic realities, not corporate formalities, govern independent contractor status

The distinction between independent contractors and employees continues to confound employers. At issue in Acosta v. Jani-King of Oklahoma (10th Cir. 10/3/18) [pdf] is whether the Department of Labor could continue its FLSA claims on behalf of individuals who provide cleaning services as franchisees of a janitorial company. If the franchisees are independent contractors, then the FLSA does not coverthem. If, however, the company misclassified them as independent contractors, then the DOL has som...
Tags: Law, Oklahoma, DOL, Department of Labor, Acosta, FLSA, Jon Hyman, Jani King

United States: Ninth Circuit Issues En Banc Decision Upholding DOL's 20% Tip Credit Rule; Ball Is Now In DOL's Court - Seyfarth Shaw LLP

In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL's interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the interpretation
Tags: News, United States, Ninth Circuit, FLSA, Ninth Circuit Issues En Banc, DOL s Court Seyfarth Shaw LLP

United States: Why Are Courts Deferring To USDOL's "20% Rule" Restricting The FLSA's Tip Credit? - Fisher Phillips LLP

In a case that refuses to go away, the Ninth Circuit, now sitting en banc, has held that the plaintiff in Marsh v. J. Alexander's stated an FLSA minimum wage claim based on the USDOL's so-called "20% Rule" limiting a tipped employee's activities.
Tags: News, United States, Marsh, Ninth Circuit, FLSA, J Alexander, Usdol, Fisher Phillips LLP

WIRTW #525 (the “pogo” edition)

I have no idea if he managed to hit the right keys, but he's sure mastered the entertainment part of this rock 'n' roll thing. View this post on Instagram Donovan mastering the art of pogo keyboarding #sorcle A post shared by Jon Hyman (@jonhyman) on Sep 23, 2018 at 4:47pm PDT Here's what I read this week: Discrimination Serial Podcast Shows How Much You Can Learn From a S...
Tags: Law, Netflix, Cleveland, MMA, Harvard Business Review, Nlrb, Phoenix, KEVIN JACKSON, Shapiro, Eric Meyer, OSHA, SHRM, FLSA, Leslie Smith, Jon Hyman, Suzanne Lucas

United States: Not Covered By The FLSA, But Still Liable For FLSA Retaliation? - Constangy, Brooks, Smith & Prophete, LLP

Yes, that is possible. Suppose you're a small local employer whose employees are not entitled to overtime under the federal Fair Labor Standards Act.
Tags: News, United States, FLSA, Constangy Brooks Smith, Prophete LLP

United States: Is Your Business Conducting Self-Audits? Now's The Time To Ensure Compliance With Three Changes To The FLSA - Adams and Reese LLP

During the first half of 2018, all three branches of the federal government took actions involving the Fair Labor Standards Act—the United States Supreme Court announced a new standard for evaluating
Tags: News, United States, Adams, United States Supreme Court, FLSA, Reese LLP

Don't ignore state law when considering wage-and-hour issues

In Integrity Staffing Solutions v. Busk, the U.S. Supreme Court held the employees of an Amazon fulfillment center were not entitled to be paid under the FLSA for time spent waiting in line for a post-shift security screening. And yet, last week, in parallel litigation under Nevada state law, the 6th Circuit Court of Appeals just held that time spent undergoing mandatory security checks is compensable under Nevada law,  reversing a contrary lower court ruling. I won't bore you with the ins and ...
Tags: Amazon, Law, Nevada, States, Don, FLSA, Integrity Staffing Solutions, 6th Circuit Court of Appeals, Jon Hyman, Busk the U S Supreme Court, Franck V

WIRTW #524 (the “total disaster” edition)

Any week Rhett Miller releases new music into the world is a week worth celebrating. Earlier this week Rhett released "Total Disaster," the first song of his upcoming album, The Messenger, due out November 9. It's a brilliantly sad song about the mess one can make of one's life and how it impacts those around you. In fact, the entire album promises to be a bit on the darker side. A few months ago, on Chris Shiflett's "Walking the Floor" podcast, Rhett talked about some of the album's themes: [T...
Tags: Law, Labor, California, Harvey Weinstein, Marriott, Harvard Business Review, Nlrb, OIG, Dude, Rhett Miller, Don, McDonald, Engadget, Eric Meyer, Jeff Nowak, Donna Ballman

United States: Hunton Employment & Labor Perspectives: Eleventh Circuit Expands The FLSA's Handling Clause - Andrews Kurth Kenyon LLP

After the Eleventh Circuit's holding in Asalde v. First Class Parking Systems LLC 894 F.3d 1248 (11th Cir. 2018), more small employers may be subject to the requirements of the FLSA.
Tags: News, United States, Eleventh Circuit, FLSA, Kenyon LLP, Hunton Employment amp, Asalde

Wage and hour roundup

Sen. Bernie Sanders and Rep. Ro Khanna introduce legislation to punish employers whose workforce draws on government programs, and even lefty Center for Budget and Policy Priorities sees plenty of problems with that [Steve Goldstein/MarketWatch; Robert Greenstein, Sharon Parrott, Chye-Ching Huang, CBPP; Zuri Davis, Reason; related Ryan Bourne thread] “Prevailing Wage Legislation and the Continuing Significance of Race” [David E. Bernstein, Notre Dame Journal on Legislation] Study finds that ...
Tags: Minnesota, Supreme Court, Law, Congress, California, Oregon, Restaurants, Uncategorized, Minimum Wage, Wisconsin, Thomas, Sen Bernie Sanders, Bertha, David Henderson, Center for Budget and Policy Priorities, Navarro

Senior Housing Developer at Community Frametowks in Spokane/Bremerton, WA

FLSA STATUS:    Exempt    WORK SCHEDULE & LOCATION: This is a full-time position (40 hours per week)  based in the Community Framework’s Spokane or Seattle/Bremerton, Washington offices SALARY RANGE:   DOE BENEFITS:  Package includes employer contributions to employee’s health, life, disability and dental insurance, (family enrollment available at employee expense), paid holidays, sick leave, and vacation, and a 403(b) retirement plan. POSITION SUMMARY: 
Tags: Spokane, FLSA, Spokane Bremerton WA, Seattle Bremerton Washington