As you have read in our blog over the years, the misclassification of employees as exempt is one of the primary claims in wage and hour litigation. Misclassification claims can arise in many forms, including the classification of a certain […]
Do we have to keep track of exempt employee time? [Wage & Hour FAQ]
October 15, 2015
Q. We keep track of work hours for non-exempt employees using an electronic timekeeping system. For our exempt employees, we really have no records of how many hours they are working each day or week. Are we required to? Even […]
The Department of Labor (DOL) promulgated a rule that brings home care workers, employed by third parties, within the protection of the Fair Labor Standards Act (FLSA). As a result, those home care workers employed by an entity other than […]
What is the Cost of a Free Lunch? [Wage & Hour FAQ]
October 1, 2015
Q. We offer free lunches to our food service employees. Can we count the cost of these lunches as part of our employees’ compensation? A. The short answer is yes, but as we all know, there’s no such thing as […]
DOL to Pay $1.5 Million to Employer for Bad Faith Investigation
September 24, 2015
In an interesting turn of events and what I’m sure will be gratifying for some employers, the Department of Labor has agreed to pay Gate Guard Services $1.5 million to settle claims involving the DOL’s overly aggressive and bad faith […]
Many Home Companionship Workers No Longer Exempt
September 23, 2015
Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum wage and overtime under the FLSA are now in effect. Since […]
11th Circuit “Tweaks” Test For Whether Interns Are Employees
September 21, 2015
If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair Labor […]
Proposed Rule Gets 264,000 Comments
September 10, 2015
Last week, we reminded you that the public comment period on the DOL’s proposed changes to the FLSA white collar exemptions was going to end on Friday, September 4, 2015, and the DOL was not going to extend this comment […]