Wage and Hour Articles

DOL To Focus on "Tipping Policies" When Investigating Restaurant Practices

webmaster@elinfonet.com (Employment Law Information Network) — Thu, 23 May 2013 00:00:00 EST

The Wage and Hour Division of the Department of Labor has identified a target for its enforcement initiatives - the restaurant industry. These initiatives specifically target how restaurants comply with the Fair Labor Standards Act, particularly with respect to tipping policies. Such initiatives have already been implemented in multiple jurisdictions, including Florida, Georgia, Illinois, Massachusetts, Utah, and the Los Angeles area, with more expected in the future.

Comp Time Bill Passes House, Heads for Senate

webmaster@elinfonet.com (Employment Law Information Network) — Tue, 21 May 2013 00:00:00 EST

The U.S. House of Representatives has passed the �Working Families Flexibility Act of 2013� (H.R. 1406), which would amend the Fair Labor Standards Act of 1938 to allow private employers to provide compensatory time off to employees in lieu of overtime under certain conditions. Representative Martha Roby (R-Alabama) introduced the legislation. The bill was received in the Senate and referred to the Committee on Health, Education, Labor, and Pensions.

8th Cir: FLSA Plaintiffs Must Spell It Out

webmaster@elinfonet.com (Employment Law Information Network) — Fri, 17 May 2013 00:00:00 EST

FLSA overtime claims can be tremendously difficult to defend, particularly when the plaintiff-employees don�t �recall� when or how many hours they allegedly worked. Many employers are shocked when they learn that the plaintiffs can pursue their claims without making any real proffer of such critical evidence. A decision from the Eighth Circuit last month represents a significant step in the right direction�and away from the shadowboxing that many FLSA lawsuits can involve.

Quick Quiz Answer: Day-Rate Pay Plans

webmaster@elinfonet.com (Employment Law Information Network) — Thu, 16 May 2013 00:00:00 EST

The best answer to our May 8, 2013 Quick Quiz is, "$110.00". In declining percentage order, the responses were:

Will Comp Time Become a Reality for the Private Sector?

webmaster@elinfonet.com (Employment Law Information Network) — Mon, 13 May 2013 00:00:00 EST

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (�comp�) time in lieu of paid overtime. The bill seeks to amend the Fair Labor Standards Act to allow private sector employers to offer comp time at a rate of 1.5 hours per hour of overtime worked instead of paying cash wages at time-and-a-half the employee�s regular rate for all hours worked over 40 in a workweek.

To Pay or Not to Pay? The Test for the Unpaid Intern

webmaster@elinfonet.com (Employment Law Information Network) — Fri, 10 May 2013 00:00:00 EST

As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer interns. Sure, you could use the extra hands to help out � but do you really have to pay them? After all, the company would be providing an invaluable learning experience and on-the-job training to high school and college students, while receiving little back in �corporate gains.� But before you start employing �free� labor, it is important to understand what the U.S. Department of Labor (DOL) has to say about for-profit employers paying their interns.

Quick Quiz: Day-Rate Pay Plans

webmaster@elinfonet.com (Employment Law Information Network) — Thu, 09 May 2013 00:00:00 EST

The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each workday in which he or she performs any work, regardless of the number of hours the Technician works in the workday. The day-rate payments represent compensation for all hours worked in a workday and in a workweek.

California Federal Court Relies on Comcast to Deny Class Certification of Off-The-Clock and Meal Period Claims

webmaster@elinfonet.com (Employment Law Information Network) — Thu, 09 May 2013 00:00:00 EST

Relying on the U.S. Supreme Court�s recent decision in Comcast Corp. v. Behrend, the U.S. District Court for the Central District of California denied Rule 23 class certification of California state law claims for off-the-clock work and unpaid work time during meal periods in Forrand v. Federal Express Corp.*

Do We Have to Pay Our Interns, Including Summer Interns?

webmaster@elinfonet.com (Employment Law Information Network) — Thu, 09 May 2013 00:00:00 EST

Many organizations have used students as interns during the summer months. However, some businesses have begun using interns year-round because recent graduates, having trouble obtaining permanent employment, are available and eager for work experience. Excited over the opportunity afforded, these individuals may agree that the internship will be unpaid, but as in many other areas, businesses must consider the wage and hour risks of such arrangements. An individual�s agreement to work in an unpaid position now does not prevent him or her from seeking alleged unpaid wages later. Unless specific conditions are met, an intern usually is expected to receive at least minimum wage and overtime pay. Federal and state departments of labor and private attorneys have become more aggressive in pursuing pay for interns. Employers with internship programs must analyze carefully the structure of their programs and the work performed by interns if they want to ensure such positions are unpaid.

Eighth Circuit Holds Plaintiffs Must Provide Evidence of Actual Damages Even when Employer Doesn't Keep Accurate Time Records

webmaster@elinfonet.com (Employment Law Information Network) — Tue, 30 Apr 2013 00:00:00 EST

In Carmody v. Kansas City Board of Police Commissioners, the Eighth Circuit Court of Appeals addressed the standard of proof in a wage and hour case when an employer fails to maintain accurate timekeeping records. The court held that, even under the �relaxed standard� established by the U.S. Supreme Court in Anderson v. Mt. Clemens Pottery Co., plaintiffs in a wage and hour case must still provide evidence of actual damages.