Tag: minimum wage

12 States Trying to Beat Feds to the Gate on Higher Minimum Wages

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 by President Obama and congressional Democrats — to raise the minimum wages and in many […]

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 review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

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? The short answer is that yes, foreign students are eligible for paid employment off campus, […]

DOL Uses Demographics to Push Back Against Critics of Obama’s Minimum Wage Proposals

The Obama administration is working to keep its minimum wage hike proposal in the public eye, and simultaneously appears to be pushing back against critics who charge that raising the minimum wage would not help working families. On Feb. 28, the U.S. Department of Labor released a report detailing the demographic characteristics of minimum wage […]

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 Labor Standards Act. But the amount paid still must meet the U.S. minimum wage, as […]

DOL Gets Serious About Federal Contractor Compliance; Slaps Companies with $1M in Back Wages in November

Companies that violate the federal government contractor laws risk not just fines and citations from the U.S. Department of Labor, but also debarment that prevents them from bidding on any other federal contracts for a specified period. For a company that relies predominantly on federal contracts, or that was depending on a financial infusion from […]

Starbucks Gets a Triple Shot of Damages as $14.1 Million Wage-and-Hour Award Upheld

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 million judgment, finding it had misclassified its shift supervisors under a Massachusetts law and upholding […]

Contractors for Storm Clean-up Pose Misclassification Risks

Hurricane Sandy’s path of destruction has left many homeowners, municipalities and businesses in need of reconstruction and repairs — and when such weather-related disasters require massive reconstruction efforts, many landscapers and builders hire subcontractors to help. Increased joint employer liability, particularly in those industries that frequently use subcontractors, often goes hand-in-hand with worker misclassification. Employers […]

New York and California Trying to Clean up FLSA Abuses at Car Washes

As spring rolls in, muddy cars are a frequent occurrence, and car washes typically see increased patronage in the spring and summer months — which means longer hours for car wash employees. However, those employees are still entitled to overtime pay (and other legal protections) when high demand means increased work hours. Recently, car washes […]

No Matter How You Pay Them, Tips Belong to Employees

Even non-exempt employees can cause confusion and employer liability under the FLSA. Often, employers run into trouble when attempting to classify their employees for purposes of pay exemptions. But equally tricky is how to pay non-exempt employees who have non-traditional forms of payment, such as tipped employees. The recent slew of major FLSA wage and […]