|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
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 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 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 Sixth Circuit Relaxes Plaintiffs' Burdens in FLSA Collective Actions.Jackson Lewis LLP - August 19, 2009 Greatly expanding the ability of plaintiffs to bring collective actions under the Fair Labor Standards Act, a federal appeals court in Cincinnati has: decided what it means for employees to be “similarly situated” under the FLSA; addressed how courts are to assess claims of “spoliation” of evidence where an employer destroys record prior to litigation; clarified that an offer of judgment can moot claims by potential class members; and ruled that plaintiffs bear the burden of demonstrating violations of the FLSA and damage claims, but that once liability is demonstrated, plaintiffs may rely upon estimation of damages. Report Link You Need to Understand the Fair Labor Standards Act Part 4 Enforcing the FLSA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 14, 2009 The FLSA is enforced through two primary means: the United States Department of Labor (DOL) and civil litigation. The DOL is established with a broad purpose: "The purpose of the Department of Labor shall be to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment."1 The DOL has within it a separate Wage and Hour pision dedicated to enforcement of the statutes at issue in this article.2 The FLSA grants the DOL the authority to file suit against employers that fail to comply with its requirements.3 Report Link You Need to Understand the Fair Labor Standards Act Part 2 - What Is "Work" Under The FLSA?Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 05, 2009 What you may assume is a relatively simple issue - how to calculate the total number of hours an employee works during a week - can be complicated. The construction industry particularly faces these complications because under the FLSA, your employees may perform activities that qualify as compensable time but do not meet what you would consider "work." Report Link You Need to Understand the Fair Labor Standards Act Part 1 - The Basics.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 25, 2009 This is the first of a five-part series of newsletters covering a topic you can overlook during a construction project - wage and hour issues under the Fair Labor Standards Act (FLSA).1 You may know the key protections the FLSA provides - a minimum wage and the requirement that you pay overtime for hours worked over 40 hours per week.2 As you probably suspect, though, the FLSA contains more than this, and ignorance of its provisions can delay your project and cost you money. Report Link U.S. Supreme Court Upholds State Ban on Public Employee Payroll Deductions for Political Activities.Jackson Lewis LLP - March 02, 2009 Following the decision of the U.S. Supreme Court in Ysursa v. Pocatello Education Ass’n, upholding Idaho’s ban on certain public employee payroll deductions, individuals in Idaho who wish to contribution to political organizations or union political activities must do it through means other than payroll deductions, possibly decreasing the funding those organizations receive. Report Link Wage & Hour Update: Out of State Residents Subject To California Labor Law While Working In CaliforniaBarker Olmsted & Barnier - December 05, 2008 If a company sends its out-of-state employees to work on an assignment in California, does the California Labor Code apply during the assignment? The answer, according to the federal Ninth Circuit in a case captioned Sullivan v. Oracle Corp., is “yes.”
Report Link The Elephant in the Room: Understanding the FLSA in the Construction Industry.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 12, 2008 A successful construction project moves along swiftly, with the focus of general contractors and its subcontractors one goal: safe completion of the work. But, while contractors are intently focused on securing materials and labor, ensuring quality of work and timelines, and accommodating owner preferences, wage and hour issues can be overlooked. Report Link DOL Proposes to "Clean Up" Fair Labor Standards Act Regulations.Vedder Price - November 06, 2008 On July 28, 2008 the
Department of Labor (“DOL”)
proposed another round of
revisions to its Fair Labor
Standards Act regulations.
Unlike the August 2004
revisions, which signifi cantly
altered the “white collar”
exemption regulations, the
stated goal of the latest
proposed revisions is merely to
“clean up” regulations that are
out of date due to subsequent
legislation and/or court
decisions. Among the proposed
revisions, the DOL seeks to: Report Link Department of Labor's Proposed "Cleanup" Rules.Baker Hostetler LLP - August 07, 2008 On July 28, 2008, the Department of Labor issued proposed revisions to regulations under the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947 (Portal Act). The purpose of the proposed revisions is to clean up regulations that have become out-of-date in light of subsequent legislation and court decisions. The Department has determined that the proposed changes will not result in any additional compliance costs and will simply enhance the Department's enforcement of, and the public's understanding of, compliance obligations under the FLSA by replacing the outdated regulations with updates that better reflect current law. Report Link Labor Department Update... Minimum Wage, Civil Penalties Increase.Ogletree Deakins - August 05, 2008 Employers should be aware of two key developments in the wage and hour arena - a federal minimum wage hike (effective July 24, 2008) and an increase in civil penalties for child labor law violations (effective May 21, 2008). Below is a brief summary of each of these developments. Report Link More Wage and Hour Cases.Elarbee, Thompson, Sapp & Wilson, LLP. - July 22, 2008 There is no denying that there is a significant increase in the number of wage and hour actions filed each year, notwithstanding an overall decline in civil filings in federal courts. This increase is not new, as the United States Department of Labor amended the overtime regulations in 2005, at least in part, in an effort to stop, or at least slow down the then dramatic increase in claims under the Fair Labor Standards Act. Nonetheless, more claims were filed in 2006 in federal court, than in 2003 and 2004 combined. Through April 2008, almost 1,900 wage and hour cases had been filed in federal courts nationwide. At that pace, the number of FLSA filings in federal courts will exceed 2007 levels. Moreover, these figures do not include state court filings. Report Link Hospitals Again Accused Of Conspiring To Suppress Nurses’ Wages.Fisher & Phillips, LLP - August 15, 2007 As hospitals compete for an ever-tighter supply of registered nurses (RNs), they carefully track compensation practices in their markets. Despite bonuses, creative pay plans, flexible schedules and in-house staffing pools, however, most hospitals have also had to use high-priced nursing agencies at one time or another. These agencies temporarily lease nurses to hospitals that are unable to meet all of their staffing needs with their own employees. Report Link $800 per inch?Fisher & Phillips, LLP - May 29, 2007 It may not seem obvious, but statistically speaking, the height of an average American male is usually reported as 5’9". Do most people seem taller than that? According to various studies, only 15% of all American men are 6’ tall or more. Yet 42% of all American presidents have been 6’ or over, 58% of CEOs are over six feet tall, and a whopping 90% of CEOs are at least above average height. Report Link Wage and Hour Violations: An Employer’s Single Greatest Uninsured Risk.Fredrikson & Byron, P.A. - May 04, 2007 Violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA) and analogous state statutes are the single largest liability exposure for employers. Since 1997, wage and hour litigation has tripled while most other employment litigation has stabilized or declined. More wage and hour collective/class actions have been filed in recent years than all other types of employment class actions combined. Hope is not lost, however. Employers can take steps to avoid – or at least mitigate – wage and hour violations and resulting litigation. Report Link Hospitality: Are Your Employees’ Records A Ticking Time Bomb?Fisher & Phillips, LLP - February 13, 2007 Many hospitality employers are building up potentially enormous wage-hour liability day-by-day without even knowing it, because they are not aware of or misunderstand the rules on identifying and recording employee work time. Report Link Review Your State Time-Off-to-Vote Laws Before Tuesday!Jackson Lewis LLP - November 06, 2006 With Election Day on Tuesday, November 7, 2006, it is a good time for employers to review their policies and practices regarding employee time off to vote and related issues. Thirty-one states and Puerto Rico obligate employers to provide employees time off to vote if certain prerequisites are met, with civil and/or criminal penalties for non-compliance. Some of these jurisdictions require such time to be paid for non-exempt employees and/or require employers to post notices advising employees of their rights. Report Link Sharing Compensation or Benefit Information Between Competitors May Violate Antitrust Laws.Littler Mendelson, P.C. - October 05, 2006 Employers commonly participate in surveys to assist in setting competitive wage rates, salaries, or benefits. With today's tight labor markets, these surveys can be valuable in attracting and retaining employees. However, a series of lawsuits filed during the summer of 2006 demonstrate that there are potential dangers in this practice. Report Link Wage and Hour Compliance Must Take into Account State Wage Laws Often Different from Federal FLSA.Jackson Lewis LLP - January 18, 2005 While the national debate focused attention upon the new regulations under the federal Fair Labor Standards Act, employers also must focus upon state laws governing compensation of employees, including statutes mandating overtime compensation. Report Link As New Regulations Go Into Effect, FLSA Investigations and Claims Are on the Rise.Jackson Lewis LLP - July 26, 2004 Recently, the Wage and Hour Division of the U.S. Department of Labor has been "cracking down" on employers who are in violation of the Fair Labor Standards Act. In fiscal year 2003, the agency collected over $212,537,554 in back wages, an increase of 61% from 2001. Report Link Wishing You Knew More About Wages? We can help. (pdf)Jones Walker - July 14, 2004 You asked us to tell you about wage and hour law.
|
ArticlesFound: 24 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 |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2009 elinfonet.com, llc.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds