Quick Quiz: Recovering Loans Or Advances
Gloria is a stock clerk for The Warehouse Company. She is paid on an hourly basis at the rate of $8.00 per hour.Gloria experiences a personal financial emergency. She asks her employer for an advance...
View ArticleQuick Quiz Answer: Recovering Loans Or Advances
The best answer to our January 9 Quick Quiz is, "$200". In declining percentage order, the responses were:"$200": (45.1%)"None": (25.3%)"$33.75": (19.8%)"$30": (9.8%)It is not...
View Article"Right to Know" Back On The Table?
As we speculated in November, the U.S. Labor Department apparently does intend to reinvigorate its so-called "Right to Know" initiative. This vague and ambiguous proposal first surfaced in 2010 but...
View ArticleUSDOL Provides Enforcement Statistics On FLSA Breastmilk-Break Requirement
The U.S. Labor Department recently responded to our July 2012 Freedom of Information Act request for documents relating to its enforcement of the federal Fair Labor Standards Act's Section 7(r). This...
View ArticleNo USDOL Response To Request For Worker "Survey"
Readers will recall our January post concerning the U.S. Labor Department's announced intention to "to collect information about employment experiences and workers' knowledge of basic employment laws...
View ArticleCourts Aren't Buying USDOL's "Service Writer", "Service Advisor" Comments
In April 2011, the U.S. Labor Department disavowed its 24-year-long acknowledgment that the federal Fair Labor Standards Act's Section 13(b)(10)(A) overtime exemption applies to automobile-dealership...
View ArticleRisks Of "Internship" Claims And Liability Still Increasing
We have warned for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the...
View ArticleComment Submitted On USDOL's Proposed Worker Survey
As we have been reporting, March 12 was the deadline for submitting comments regarding the U.S. Labor Department's proposal "to collect information about employment experiences and workers' knowledge...
View ArticleWhy Isn't The FLSA Minimum Wage $33 An Hour?
U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act's $7.25-per-hour minimum wage has not already increased over time to the...
View ArticlePlan Ahead To Accommodate Nursing Mothers
The publication Corporate Compliance Insights (which focuses upon matters of interest regarding compliance, governance, and risk in the business community) recently published an article we authored...
View ArticleAsset Purchaser Also Bought FLSA Liability
A decision from the Seventh Circuit U.S. Court of Appeals (with jurisdiction over Illinois, Indiana, and Wisconsin) offers an important reminder to employers about the potential for successor liability...
View ArticleUSDOL Still Barred From Challenging "Service Writer" Exemption
Readers will recall that, in April 2011, the U.S. Labor Department declined to adopt an interpretation proposed in 2008 that would have acknowledged the federal Fair Labor Standards Act overtime-exempt...
View ArticleYou Never Heard Of The "Training Wage"?! (Updated 04/19/13)
Pressure continues to mount for raising the federal Fair Labor Standards Act's minimum wage in three stages from the current $7.25 per hour to (so far) $10.10 per hour. Under pending proposals, the...
View Article"Comp Time" Proposal: Be Careful What You Wish For
The U.S. House of Representatives will consider amending the federal Fair Labor Standards Act to permit private-sector employers to offer compensatory time off in lieu of monetary overtime...
View ArticleQuick Quiz: Day-Rate Pay Plans (Updated 05/09/13)
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...
View ArticleUSDOL "Misclassification" Focus Continues
Recent U.S. Labor Department enforcement activities, along with its collaborations with other governments and agencies, demonstrate its continued emphasis upon rooting-out the erroneous classification...
View ArticleQuick Quiz Answer: Day-Rate Pay Plans
The best answer to our May 8, 2013 Quick Quiz is, "$110.00". In declining percentage order, the responses were:"None": (80.4%)"$110.00": (15.7%)"$137.50": (3.9%)"$412.50":...
View ArticleFLSA Famous Last Words . . .
There has always been a great deal of mistaken conventional wisdom afoot where the federal Fair Labor Standards Act is concerned. We have blogged previously about the common misconception that one pay...
View ArticleStill Willing To Have Unpaid Interns?
We have repeatedly cautioned that employers who are prepared to take on unpaid interns should enter into these arrangements with their eyes fully open. New developments emphasize this yet again.The...
View ArticleCan A Fixed Sum EVER "Include" Overtime Pay?
Our Quick Quiz Answer discussing day-rate plans led one reader to observe that the federal Fair Labor Standards Act does not always bar employers from paying non-exempt employees a fixed sum that...
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