Thousands of employers get a figurative knock-on-the-door each year from an investigator from the U.S. Department of Labor’s Wage and Hour Division. WHD is the agency responsible for enforcing the Fair Labor Standards Act, the Family and Medical Leave Act,…
Emergency situations — such as the April 15 explosions during the Boston Marathon — can result in employees performing multiple job duties. For example, a store manager may have spent time cleaning up glass and debris in and around the…
A successor employer could not escape paying a $500,000 damages award for the previous owner’s Fair Labor Standards Act violations. The case, Teed et al. v. Thomas & Betts Power Solutions LLC, Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013),…
As the federal minimum wage debate heats up, the real challenge for employers could be at the state level, if a dozen pending measures to increase state minimum wages gain traction. The proposals share DNA with federal measures being pushed…
To prevent the consequences from imprecise employee handbook language, employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of litigation, W&H provisions can make a difference as you draft or…
Employers using unpaid interns need to be wary as lawsuits challenging the structure of these unpaid jobs continue to crop up. In recent years, several high-profile lawsuits — primarily in the publishing and entertainment industries — have highlighted the exposure…
Some employers don’t just need to know the federal wage-and-hour rules — they also need to know the currency exchange rate if they pay workers in a non-U.S. currency. Paying workers in a foreign currency is acceptable under the Fair…
Just because it’s the holiday season does not mean employers can relax their vigilance on wage and hour issues. The U.S. Department of Labor has its own list of who’s been naughty or nice (by its standards), and employers that…
The penalties for noncompliance with state wage-and-hour laws can be more onerous than that under federal law, which coffee company Starbucks learned the hard way. The 1st U.S. Circuit Court of Appeals recently rejected the company’s appeal of a $14.1…
A sweeping new U.S. Department of Labor enforcement initiative targeting California’s apparel industry may highlight wage and hour compliance issues for retailers and manufacturers. The companies that make, ship, market and sell clothing have long faced scrutiny over labor practices…