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White Collar Exemptions: Paying Employees Wages in Equity, Rather than Cash

The saying goes that “Cash is King.” However, entrepreneurs often quickly learn (sometimes in painful ways) that it is Cash Flow that is really King. Run a quick Google search for “accounts receivable” financing or factoring to get a sense of how important that market is for businesses.

Wage Garnishments -- A Big Problem with Solutions on the Horizon

Today, much-needed attention is being paid to wage garnishments. National Public Radio (NPR) released a story concerning the increasing use of wage garnishments to collect debts. The NPR piece relies on a report also released today by payroll company ADP. The report provides data, which had previously never been made publicly available, concerning wage garnishments. The information has not been available until now because states do not comprehensively track the use of wage garnishments and there is no comprehensive federal scheme for tracking garnishments either.

Touted Developments Contradict Rationales For Minimum-Wage Increase (Updated 09 14 14)

A White House report has extoled wage-rate increases by "state legislatures and governors; mayors, county executives and city councils; and business leaders" as supposedly being compelling reasons to raise the federal Fair Labor Standards Act's minimum wage to $10.10 an hour. A flood of public statements by the U.S. Labor Department (in apparent contravention of Congress's 2014 appropriations limitation) and numerous media discussions have been to the same effect.

The "Winner" and Other Losers: What "Winning" That Wage & Hour Suit Might Get You

One of my favorite authors and artists as a kid was Shel Silverstein, and I have loved rediscovering his books and poems with my daughter (“The Giving Tree” is much sadder than I remember as a kid—something about having kids of your own, I imagine).

Florida District Court Decertifies Class of 20,000 Servers and Bartenders Alleging FLSA Violations

In Amanda Mathis v. Darden Restaurants, Inc.,* the U.S. District Court for the Southern District of Florida decertified a massive FLSA collective action by over 20,000 servers and bartenders who worked in nearly 2,000 restaurants across the country. The case involved five different restaurant brands owned by the parent company.

A Bias for Bonuses: What It Means for Your Paycheck

Expecting a salary raise this year? You could end up with a bonus check instead. More and more companies are moving toward giving performance-based bonuses instead of handing out pay raises unrelated to results achieved on the job.

Are Employers Required to Provide Holidays or Holiday Premium Pay? [Wage & Hour FAQ]

Back in July, I discussed ways to handle holiday pay for employees with alternative work schedules. Just before the Labor Day holiday weekend, a client and reader of the blog asked me an even more fundamental question: do we have to provide employees with time off for holidays, whether with or without pay, or pay employees overtime or other premiums if they work on a holiday? The answer, as it often is in wage and hour law, is “it depends.”

FLSA Exemptions And "Overtime Rights"

We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, and "outside salesman" exemptions. For employers, the signs remain ominous.

Under the FLSA, a Day Late is a Dollar Short [Wage & Hour FAQ]

From time to time, we hear from employers that ask us about the consequence of delaying payroll because of cash flow.

Good Things Come To Those Who Document Good Wage & Hour Practices

Remember those Guinness commercials from the early 2000s with the tagline “Good things come to those who wait” (or maybe, if you predate the no-mess squeeze bottles, you remember the Heinz ketchup commercials with the same tagline from the 1980s)? In wage and hour law, good things come to those who document good wage and hour practices.