Total Articles: 10
Littler Mendelson, P.C. • June 04, 2018
Employers with minimum wage, tip, and overtime allergies might dread spring, but given the few developments this month, they should only experience a mild case of May fever. On the other hand, many should expect June gloom because, although the days are becoming longer, there is limited daylight between now and when states and cities across the county begin raising their minimum wage rates on July 1.
Fisher Phillips • May 31, 2018
Here we are - the school year is coming to a close and you are eager to get your business staffed with forward-thinking, millennial summer hires. Don’t move too fast though, because in addition to the federal Fair Labor Standards Act’s restrictions we discussed earlier this month, there are numerous states that provide even more rigorous limitations on the employment of minors.
Littler Mendelson, P.C. • May 18, 2018
It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving that an exemption to the FLSA applies. One such exemption – common in the transport and energy industries – is the exemption under the federal Motor Carrier Act (MCA). If an employer can demonstrate that workers are covered by the MCA exemption,1 then the FLSA’s overtime requirements will not apply to those workers—with one major caveat.
Fisher Phillips • May 18, 2018
Summertime is quickly approaching and 'tis the season for beach vacations, fun in the sun, and summer hires—many of which will be under the age of 18 years old. In anticipation of summer hires, employers may want to familiarize themselves with the federal laws outlining child labor restrictions. Under the Fair Labor Standards Act (FLSA), the U.S. Department of Labor (USDOL) has issued youth employment regulations. While there are some exceptions, generally "youth" are entitled to minimum wage and overtime, but the FLSA includes other protections in the form of when and what a minor can do.
As schools let out and the days get hotter, your company may be looking to take on a summer intern.
Littler Mendelson, P.C. • May 15, 2018
Dear Littler: I work in the corporate office of a national retailer. We plan to hire several local student interns to work for us this summer, primarily in accounting and marketing. We enjoy sponsoring this program, and it works out well. In fact, in the past, we have hired a handful of summer interns as full-time employees after they graduated. We intend to offer some basic training on specific job duties, along with some broader exposure to various departments and our industry. Interns will likely assist our regular staff with “real” work, under close supervision. We like our internships to be unpaid because then we can take on more students and put the funding into memorable program activities. But now I’m wondering: should we be paying these interns?
Ogletree Deakins • May 15, 2018
As the summer draws near, many companies are considering bringing on summer interns. Interns are students or trainees who work in an organization in order to gain work experience or satisfy educational requirements. An internship can, and hopefully will, benefit the company that uses such a program. For example, internships may provide a pool of potential new hires for the company, serve as a source of inexpensive labor, foster a positive public image and community relations, and can build beneficial relationships with local communities and educational institutions. The question that always arises is: Does a company have to pay its summer interns? The short answer is: It depends on how you structure your intern program.
A new regulatory agenda shows the US Department of Labor (DOL) intends to make changes to rules involving child labor, the regular rate of pay, the salary threshold for overtime-exempt employees, the minimum wage tip credit and more.
Ogletree Deakins • May 13, 2018
Among the many provisions of the $1.3 trillion omnibus spending bill that Congress passed in March of 2018—buried on page 1,967—is an exemption for minor league baseball players from federal minimum wage protections. The Save America’s Pastime Act is likely to mean a certain loss for the players who had sued Major League Baseball (MLB) four years ago, claiming that it violated the Fair Labor Standards Act’s minimum wage and overtime provisions.
Ogletree Deakins • May 07, 2018
Restaurant owners have been anxiously awaiting the Department of Labor’s (DOL) guidance regarding proper participation and operation of tip pools after the passage of the March 23, 2018, Consolidated Appropriations Act, which contained a little notice amendment to the Fair Labor Standards Act (FLSA). Tip pooling regulations have undergone a series of reversals recently as the DOL has worked to find a one-size-fits-all regulation to apply to varying restaurant concepts. In 2010, the Ninth Circuit, in Cumbie v. Woody Woo, Inc., provided a victory for employers that did not take a tip credit by allowing those restaurants to permit tipped and non-tipped employees to share in tips from customers. In response, in 2011, the DOL issued regulations disagreeing with the court’s decision and explicitly prohibiting employers from distributing tips through mandatory tip pools to employees who do not “customarily and regularly receive tips” from guests (effectively excluding traditional back of house employees and, in most cases, hostesses).