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Total Articles: 4

Late Payment Resulted In An FLSA Violation

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that:

What’s Scarier Than An Agency Audit? Three Agency Audits!

Coordination among state and federal agencies to combat misclassification of employees as independent contractors will lead to a greater likelihood of companies being caught and a much higher cost for employers who have the unfortunate fate of the triple audit. What steps can companies take to protect themselves?

Hospitality Labor Letter: "Good Morning. I'm From The Labor Department..."

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.

Hospitality Update: Applebee's Automated Timekeeping Leads To Lawsuit.

Gerald Fast has worked at two Applebee's restaurants since 1998. He has held many different jobs: cook, server, host, expediter, and bartender. Sometimes he rotated these duties during short time periods, but from May, 2005, he has worked almost exclusively as a bartender. While serving customers, Fast had the opportunity to earn tips, so Applebee's used a "tip credit" when calculating his pay to ensure he made at least the minimum wage for each hour he worked.
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