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Article Index » flsa and wage & hour: 10 Most Recent Articles
Report Link IRS Provides Guidance on Proper Income Tax Withholding for Nine Common Supplemental Wage Payment Scenarios.
Littler Mendelson, P.C. - June 19, 2008
In Revenue Ruling 2008-29, the IRS has provided specific guidance on the proper amount of federal income tax an employer must withhold in nine different situations under the supplemental wage regulations1 that became effective January 1, 2007. Typically, states with income taxes default to following federal regulation principles for distinguishing between regular and supplemental wages. In addition to federal income tax withholdings, states also look for proper withholding on supplemental wages for state income tax purposes.
Report Link DOL Provides Guidance Regarding Hours Worked Under FLSA.
Jackson Lewis LLP - June 16, 2008
The U.S. Department of Labor has clarified compensable work time under the Fair Labor Standards Act in regard to meal breaks, straight time, and overtime. In an opinion letter dated May 15, 2008, the Department reached the following conclusions:
Report Link Sample Safe Harbor Policy for FLSA Compliance.
Jackson Lewis LLP - June 12, 2008
The U.S. Department of Labor's rules on the "white collar" exemptions from federal overtime and minimum wage requirements under the Fair Labor Standards Act provide a "safe harbor" that may preserve an employee's exempt status in the event impermissible deductions are made.
Report Link Hospitality Labor Letter: "Good Morning. I'm From The Labor Department..."
Fisher & Phillips, LLP - June 05, 2008
The unprecedented explosion continues in the filing of federal Fair Labor Standards Act wage-hour lawsuits. But enforcement statistics for the U.S. Labor Department's Wage and Hour Division, taken together with the Division's enforcement priorities for the foreseeable future, emphasize another reason why every industry employer needs to ensure that its practices comply with the law: DOL investigations.
Report Link Hospitality Labor Letter: Sailing Away With the Tips.
Fisher & Phillips, LLP - June 05, 2008
Cutting into potential profits, New York's highest court rules that restaurants may not pocket mandatory service charges that are represented to customers as gratuities for the wait staff.
Report Link State And Federal Regulations Of Summer Jobs For Teenagers.
Barker Olmsted & Barnier - June 03, 2008
Summer is here (almost) and many teenagers will be hitting the workforce to earn a few extra dollars. Companies who hire teenagers should be aware that state and federal law restricts the use of minors or “child labor.”
Report Link GINA Includes Amendment to FLSA Penalty Provisions.
Ford & Harrison LLP - May 27, 2008
A “miscellaneous” provision in the Genetic Information Nondiscrimination Act (GINA) signed by President Bush on May 21, 2008, amends the penalty provisions of the Fair Labor Standards Act (FLSA) as they relate to child labor violations. The most significant revision is the imposition of a civil penalty of up to $50,000 for each child labor violation that causes the death or serious injury of any employee under 18 years of age. This penalty may be doubled where the violation is a repeated or willful violation.
Report Link Toting Files While Commuting Does Not Require FLSA Pay: Court of Appeals.
Jackson Lewis LLP - May 12, 2008
Someone was going to raise this issue eventually, we suppose: Under the federal wage-hour law, is an employee entitled to be paid for his commuting time to work simply because he carries work files in a briefcase during his trip? Now we have an answer: No. Under the Fair Labor Standards Act, commuting time is not compensable unless the employee is engaged in work for the employer's benefit at the employer's request, the U.S. Court of Appeals for the Second Circuit ruled in Singh v. City of New York. No. 06-2960-cv (Apr. 29, 2008). Furthermore, even where an employee's commuting time may be increased by an employer's policies, if that additional time is trivial, or de minimis, the employee is not entitled to additional compensation under the FLSA. Accordingly, the Second Circuit affirmed the District Court's grant of summary judgment for the employer under the FLSA. The Second Circuit has jurisdiction over Connecticut, New York, and Vermont.
Report Link Education Labor Letter: A Primer on the "Salary Basis" for Schools.
Fisher & Phillips, LLP - May 06, 2008
Anyone who has ever undertaken the task of analyzing the applicability and implications of "white collar" exemptions under the federal Fair Labor Standards Act (FLSA) knows that it usually requires a multi-tiered, multi-page flow chart, not to mention a great deal of patience. But there is some good news for schools: the exemption analysis for teachers is less complicated because there is no requirement to the meet the "salary basis" test under the FLSA.
Report Link Auto Dealership Update: The Lawsuit Du Jour.
Fisher & Phillips, LLP - May 02, 2008
This might have already happened at your dealership: your payroll clerk is exasperated because the sales people are not punching their time cards. She knows that under federal law, the dealership is obligated to pay sales people their commissions or minimum wage for all hours worked, whichever is higher. But if they have low commissions and they don't punch in and out each day, she has no way to accurately calculate their hours or their pay.

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