Posts filtered by tags: FLSA[x]


 

Are Your Employee Hiring Practices Putting Your Business at Risk?

Few small business owners relish the process of hiring employees. It takes time away from their business, it’s stressful, and most entrepreneurs don’t enjoy interviewing job candidates.  What’s more, the hiring process could be opening your small business to legal risks even without your knowing it. Reading a recent survey by QuickBooks Payroll about small-business hiring, I was shocked by some of the reasons business owners give for not hiring job candidates. Specifically: 3% of business owner...
Tags: Sales, United States, EEOC, Department of Labor, QuickBooks, FLSA, ADEA, Staffing & HR, Hiring & Firing, QuickBooks Payroll, Equal Employment Opportunities Commission EEOC


WIRTW #546 (the “Arrivederci” edition)

Today is good bye … but only for two weeks. My kids' school gives them that much time off for Spring Break each year. So we are headed to Italy. Rome and Florence to be precise. I'll be back on April 1 (no foolin') with some thoughts about what I learned on my Spring Break. In the meantime, if you have any last minute tips on what to do, see, or eat in either of these cities, drop a note in the comments below. Here's what I read this week: Discrimination Two-Percent, Schmoopercent — via Kate Bi...
Tags: Spotify, Texas, Law, Congress, Chicago, Ada, Florence, Harvard Business Review, Joe, Citrix, Jonathan, EEOC, NLRA, Eric Meyer, FLSA, Jon Hyman


Equity Manager at Puget Sound Regional Council in Seattle, WA

Equity Manager Closes: The position is open until filled with applications reviewed beginning April 10, 2019. Status: Regular Full-time Position, 40 hours per week; Exempt FLSA status. Salary: The starting salary range is $86,000 - $95,000 annually, DOE, with full benefits. Location: Puget Sound Regional Council; Downtown Seattle, Washington
Tags: Seattle Wa, FLSA, Puget Sound Regional Council


Startup Law A to Z: Employment Law

Your startup will not succeed unless you, the founder, build an exceptional team. Great teams are built on top of great culture. Yet any venture-backed startup founder will tell you, myself included, that developing a positive corporate culture is more art than science, requiring constant and creative recalibration as your company grows. What then does this have to do with employment law? First, building an exceptional team means hiring great people; whether that involves W-9s for consultants, I...
Tags: Startups, California, Social Security, Medicare, Employment law, Lawyers, FLSA, Dynamex, Startup Lawyers, Verified Experts, Startup Law, Startup Law A to Z, ADP Gusto Paychex


The FLSA's salary test just doesn't matter

By now you've likely heard that the Department of Labor announced its intent to increase the qualifying salary threshold for its white collar exemptions from $455 per week ($23,660 annually) to $679 per week ($35,308 annually). I'm here to tell you that this increase just doesn't matter. Why? Because for an employee to qualify as exempt, he or she still must meet one of the various white-collar duties tests. Administrative: The employee's primary duty must be the performance of office or non-m...
Tags: Law, Drake, Department of Labor, FLSA, Jon Hyman, Steak N Shake Operations Inc, Stake N Shake


WIRTW #545 (the “International Women's Day” edition) #IWD2019

Happy International Women's Day! I didn't always consider myself a feminist. But I'm proud to call myself one ever since May 27, 2006—the day my daughter was born. It wasn't that I was hostile to the issue; I just never engaged in any active thought about it. Now that I have a female life for which I am responsible, I fully embrace the term. I worry about the world in which she lives, and how that world may treat her because of her sex. ❔ Will she have the same opportunities? ❔ Will she earn the...
Tags: Facebook, Law, Connecticut, Ada, Harvard Business Review, Aba, Eric Meyer, Jeff Nowak, OSHA, Dan Schwartz, FMLA, FLSA, Jon Hyman, Suzanne Lucas, Mike Haberman, John Sumser




Assistant Planner at Puget Sound Regional Council in Seattle, WA

Assistant Planner The positions are open until filled with applications reviewed beginning March 20, 2019. Two Regular Full-time Positions, 40 hours per week; Exempt FLSA status.
Tags: Seattle Wa, FLSA, Puget Sound Regional Council


United States: Fifth Circuit Addresses Notices Of Collective Action For Those Who Signed Arbitration Agreements Requiring Only Individual Claims - BakerHostetler

The intersection of FLSA collective action procedures and employee arbitration agreements waiving aggregate actions has led to differing approaches among the district courts.
Tags: News, United States, FLSA


United States: Fifth Circuit Says Plaintiffs May Not Send Notice Of FLSA Suit To Employees With Arbitration Agreements - Seyfarth Shaw LLP

a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA collective action to employees who had agreed to arbitrate employment claims.
Tags: News, United States, Seyfarth Shaw, Fifth Circuit Court of Appeals, FLSA, Fifth Circuit Says Plaintiffs


United States: Failure To Provide Employee With Adequate Pumping Breaks And Accommodations Led To $1.5 Million Verdict - Ogletree, Deakins, Nash, Smoak & Stewart

In March 2010, as part of the passage of the Affordable Care Act, the Fair Labor Standards Act (FLSA) was amended to require most employers
Tags: News, United States, Stewart, FLSA, Ogletree Deakins Nash Smoak


United States: Department Of Labor Says Employers Are Not Required To Pay Tipped Employees The Full Minimum Wage For Non-Tipped Activities - Squire Patton Boggs LLP

Under the Fair Labor Standards Act ("FLSA"), employers are required to pay non-exempt employees a minimum hourly wage of $7.25.
Tags: News, United States, Department of Labor, FLSA, Squire Patton Boggs LLP


WIRTW #543 (the “terrible, horrible, no good, very bad day at the office” edition)

What was your worst day at work? Does it top the day that Cleveland criminal defense attorney Aaron Brockler had this past Tuesday? I'll let Cleveland.com explain what happened: A Warrensville Heights man shocked a courtroom full of spectators Tuesday when he sucker-punched his own defense attorney after a judge sentenced him to 45 years in prison…. Cuyahoga County sheriff's deputies took down David Chislton after the 42-year-old struck lawyer Aaron Brockler in the face with both of his han...
Tags: Google, Minnesota, Law, Social Media, Mlb, Cleveland, Nlrb, Joe, Cuyahoga County, Robin Shea, Warrensville Heights, Eric Meyer, John Grisham, FLSA, Jon Hyman, Suzanne Lucas


Is Hiring Employees Putting Your Business at Risk?

The road to hiring employees is full of land mines. Here’s how to steer clear. By Rieva Lesonsky Few small business owners relish the process of hiring employees. It takes time away from their business, it’s stressful, and most entrepreneurs don’t enjoy interviewing job candidates.  What’s more, the hiring process could be opening your small business to legal risks even without your knowing it. Reading a recent survey about small-business hiring, I was shocked by some of the reasons business ow...
Tags: Business, Management, Right Now, EEOC, Department of Labor, FLSA, ADEA, Rieva Lesonsky, Employment Eligibility Verification, Equal Employment Opportunities Commission EEOC


Assistant Planner at Puget Sound Regional Council in Seattle, WA

Assistant Planner Closes: The position is open until filled with applications reviewed beginning March 4, 2019. Status: Regular full-time, 40 hours per week; Exempt FLSA status. Salary: The starting salary range is $51,912 - $58,000 annually, DOE, with full benefits. Location: Puget Sound Regional Council, Downtown Seattle, Washington ABOUT PSRC:
Tags: DOE, Seattle Wa, FLSA, Puget Sound Regional Council, PSRC


WIRTW #540 (the “wheels off” edition)

The one question people ask me more than any other about this blog? "How do you write every day?" My answer, "Because I love it." The practice of law, for all of its challenges and rewards, can be mundane. This blog lets me be creative. I love the creativity of sharing information in a manner that makes it accessible and entertaining. If I didn't love this creative process, this blog would have died long ago, instead of just having passed 3,000(!) posts since it's inception nearly 12 years ago. ...
Tags: Google, Law, Obama, Washington Post, Ohio, Bloomberg Businessweek, Ada, Harvard Business Review, Cyberspace, Rhett Miller, Robin Shea, Circuit Court, Rosanne, Eric Meyer, OSHA, FMLA


Bad employment policies lead to new legislation

All the way back in October 2014, I wrote about an Illinois Jimmy John's franchisee that had required all of its employees to sign a Non-Compete Agreement as a condition of employment.  I was not kind to this employer: It's one thing to bind your managers and other high-level employees to a noncompetition agreement. It's another to require the same of your low-level sandwich makers and cash-register operators. The lower down the food chain you move, the harder it becomes ...
Tags: Law, Congress, Marco Rubio, Rubio, Eric Meyer, FLSA, Jon Hyman, Felix Mittermeier, Illinois Jimmy John


United States: Is The Wait Over? Proposed Changes To FLSA Overtime Exemption Regulations May Arrive As Early As March - Lewis Brisbois Bisgaard & Smith LLP

As employers begin to develop their compliance agenda for 2019, one area of focus often is (and should be)
Tags: News, United States, FLSA, Lewis Brisbois Bisgaard, Smith LLP


Ohio amends its employment laws to limit joint employment for franchisors

As the debate over the meaning of "joint employer" continues to rage at both the NLRB and in the federal courts, Ohio has jumped into the debate by passing legislation to limit this definition under various Ohio employment laws. Effective yesterday, franchisors will not be deemed joint employers with their franchisees unless: the franchisor agrees to assume that role in writing or a court of competent; or a court of competent jurisdiction determines that the franchisor exercises a type or degre...
Tags: Law, Ohio, Nlrb, OSHA, FLSA, Jon Hyman


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