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Article Index » flsa and wage & hour: 10 Most Recent Articles Report Link IRS to Audit 6,000 Companies to Enforce Employment Tax Compliance.Baker Hostetler LLP - November 11, 2009 In the next few months, the IRS will launch comprehensive tax examinations of approximately 6,000 random U.S. companies as part of its National Research Program on employment tax compliance. In addition to closing the tax gap, which is the difference between the amount of taxes collected and the amount owed, the IRS hopes the program will help it assess its own performance and generate income. This is one of the agency’s biggest audit campaigns in the area in more than 25 years. Report Link You Need to Understand the Fair Labor Standards Act Part 5 - Protect Yourself.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 11, 2009 While a contractor’s responsibility for wage and hour violations can vary depending on the statute(s) involved and the factual circumstances, the FLSA and other statutes help make it clear that a general contractor has some incentive to monitor and try to prevent some of these wage and hour violations. Remember: for liability under the FLSA, you can be liable if you have shown “reckless disregard” for the law. In general, you may first protect yourself by knowing the law. Second, you can prevent some problems through your contract. Third, a general contractor needs to preserve the distinction between its operations and the operations of its subcontractors. Fourth, it is wise for general contractors to make reasonable efforts to have their subcontractors obey applicable wage and hour laws. Report Link Staffing Companies Face Potential Exposure for Interview Time.Littler Mendelson, P.C. - November 05, 2009 In a putative class action pending in the federal court for the Northern District of California, Sullivan v. Kelly Services, Inc. (Case No. C 08-3893 CW), Judge Claudia Wilken, ruling on cross motions for summary judgment, has held that the time spent interviewing by a Kelly Services employee seeking temporary work assignments with Kelly Services' clients is compensable under California law. However, Judge Wilken also ruled that the time spent preparing for and commuting to the client interviews was not compensable, nor was Kelly Services required to reimburse the employees for expenses incurred in attending the interviews. Report Link Be Careful With Severance Plans.Fisher & Phillips, LLP - November 04, 2009 The current financial crisis and economic downturn have caused many employers to implement lay-offs and reductions in force. In an effort to reduce the harsh economic impact of a sudden job loss, and in an effort to mitigate the negative employee relations issues that can result from downsizing, many employers offer affected employees separation pay or severance. Many of these arrangements are not formalized and simply consist of continuation of payroll for a specified period of time following termination of employment. Report Link Are Your Tipped Employees Doing Tipped Work?Ogletree Deakins - November 03, 2009 The wage and hour laws are outdated and compliance is exceedingly difficult in light of the way in which most hotels and restaurants are required to operate. But, you already knew these facts. Recent tip credit and tip pooling cases continue to highlight the problems and we will be addressing tipped employee issues in this and future editions of the Hospitality eAuthority. Report Link Ninth Circuit Okays Hospital's Pay Plan for Nurses with Different Rates for Different Length Shifts.Jackson Lewis LLP - October 30, 2009 The U.S. Court of Appeals for the Ninth Circuit has held an employer did not violate the Fair Labor Standards Act by paying employees on a 12-hour shift a lower base salary than those working on an 8-hour shift in an attempt to keep overall pay revenue-neutral. Parth v. Pomona Valley Med. Ctr., No. 08-55022 (9th Cir. Oct. 22, 2009). The Court refused to invalidate the parties’ agreement concerning wage rates, stating, “[The] 12-hour shift scheduling practice was first initiated at the nurses’ request. The 12-hour shift scheduling practice was then memorialized in a collective bargaining agreement . . . . The parties do not dispute that the wages paid under the pay plan are more than the minimum wages under federal law.” Because the pay plan was not unlawful, the employee’s FLSA claim failed and the Court affirmed summary judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Report Link Hidden Costs: Non-Exempt Employees' Class Action Complaints for Time Spent on Work-Related Messages.Jackson Lewis LLP - October 21, 2009 Employers providing personal data assistants (“PDAs”), such as BlackBerries, as well as cell phones and pagers, to non-exempt employees may face unexpected costs: liability for wages and overtime. A recent increase in complaints filed on behalf of non-exempt workers illustrates potential risks for employers who provide PDAs to workers. The complaints seek wages and overtime pay for workers’ time spent reviewing and responding to text messages, e-mails and other communications received through company-issued PDAs. Report Link Marianela Peralta Addresses Post-ARRA Employer Wage and Contract Obligations and Risks (pdf).Littler Mendelson, P.C. - October 15, 2009 In this attorney-authored article, Marianela Peralta of Littler's Washington, D.C., office discusses wage-related obligations faced by companies doing business with the federal government in the wake of the American Recovery and Reinvestment Act (ARRA) of 2009. Peralta explains the types of contracts subject to prevailing wages, the risks associated with nonpayment, and what employers can do to minimize such risks. Report Link Wage-Hour Pitfalls Rise In Fallen Economy.Fisher & Phillips, LLP - October 02, 2009 Employees are working longer and harder to ensure that they keep the jobs they have. With unemployment hovering around 9.5% nationally and up to 13% in states such as Michigan, employees are doing what they can to stand out and avoid being cut in unfortunate, but sometimes necessary layoffs. Report Link As Corporate Bankruptcies Rise, So Do Lawsuits Against Managers.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009 In today's difficult economic climate, a growing number of companies have been forced to consider or even file for bankruptcy. Such filings may result in a stay of legal claims against the company, including those brought by current or former employees under the Fair Labor Standards Act (FLSA). But according to the Ninth Circuit, a company's filing for bankruptcy does not protect its individual executives and managers from potential liability under the FLSA.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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