Tag Archives: FLSA

DOL Issues Model Notice/Guidance on Exchange Options, also Updates COBRA Election Notice

Employers wanting to get an early start on providing a required notice to employees of coverage options under health insurance exchanges just got some help from the federal government. On May 8, the U.S. Department of Labor issued a model…

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Supreme Court: Individual Settlement Offer Moots FLSA Collective Action Claim

In a 5-4 decision, the U.S. Supreme Court held April 16 that because an employee received an individual settlement offer that fully satisfied her Fair Labor Standard Act claims, her individual and collective action claims could not go forward. The…

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FLSA’s Emergency Exemption May Apply to Some Boston Employees

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…

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7th Circuit: Successor Must Pay $500K for Previous Owner’s FLSA Violations

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),…

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Key Wage-and-hour Language to Have in Your Employee Handbook

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…

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Can We Hire a Foreign Exchange Student as an Intern?

We are an accounting firm that frequently hires area college students to intern for short periods throughout the year. We recently received a few outstanding applications from foreign students attending the local college.  Can we hire foreign students as interns?…

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Court Questions Horton Decision in Light of D.C. Circuit Ruling

Properly executed arbitration agreements can prohibit employees from bringing Fair Labor Standards Act collective actions in some federal courts. This is despite a National Labor Relations Board decision holding that mandatory arbitration for employment disputes violates the National Labor Relations…

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OSHA Rules Flesh out Health Reform’s Whistleblower Provisions

Employers that retaliate against employees for reporting violations of certain health reform requirements could be subject to government investigations and hearings, as well as damages that include back pay awards and compensatory damages, under interim final rules issued Feb. 22…

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FLSA Lawsuits Show Steep Learning Curve for Employers Offering Unpaid Internships

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…

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A Dollar by Any Other Name Must Still Equal Minimum Wage

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…

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