Ogletree Deakins • December 06, 2013
As 2013 comes to an end, we have been considering a number of workplace issues that employers might face at the end of the year and the beginning of the holiday season. In parts one, two, three, and four of this blog series, we covered.
Jackson Lewis P.C. • December 06, 2013
Holiday gifts, bonuses and awards to employees may have important tax implications for employers. As a general rule, gifts and awards (whether in cash or otherwise) an employer gives to employees are considered additional W-2 wages, subject to payroll and income taxes. In certain circumstances, however, the Internal Revenue Code (“Code”) provides that non-cash gifts to employees can be treated as tax-free.
Goldberg Segalla LLP • November 27, 2013
Sitting down to dinner but still have a long to-do list from the office? Hear your work e-mails pinging as you watch the game? Not a problem that you can’t handle with your smartphone or tablet. Whatever your take on this 24/7 connectivity, it is undeniable that the proliferation of mobile devices has made working away from the office easier and perhaps expected by employers (and clients). While such a policy may result in an increase in productivity, it can also create a legal risk for employers, namely, unexpected claims for overtime pay.
Fisher & Phillips, LLP • November 22, 2013
One of the U.S. Labor Department's continuing federal Fair Labor Standards Act enforcement initiatives targets hotels and motels. Officials are following-through on their 2010 warning that they see the hospitality industry as presenting a "high risk" for non-compliance.
Littler Mendelson, P.C. • November 21, 2013
During a House Subcommittee on Workforce Protections hearing – Redefining Companion Care: Jeopardizing Access to Affordable Care for Seniors and Individuals with Disabilities – panelists and lawmakers highlighted problems that await home care providers, workers, and care recipients when the Department of Labor’s new home care rule takes effect in January 2015. Issued in September, the final rule eliminates the Fair Labor Standard Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies. This rule also significantly narrows the exemption for home care workers employed directly by the individuals or families receiving home care services.
Fisher & Phillips, LLP • November 15, 2013
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
Ogletree Deakins • November 14, 2013
In the course of two months, two separate Fifth Circuit panels have issued decisions that call into question the application of the fluctuating workweek (FWW) method in suits for unpaid overtime based on misclassification.
Ballard Rosenberg Golper & Savitt • November 13, 2013
When is a tip not a tip? It's not a simple question. Say, for example, a restaurant menu says that a mandatory gratuity of 18% will be charged on all parties of 6 or more. Is that money a "tip"? According to the IRS, a mandatory gratuity that is automatically added to a customer's bill is not a "tip". The IRS ruling which established this point was issued in June 2012, but its effective date was delayed until January 1, 2014.
Knowledge@Wharton (Reg Required) • November 12, 2013
In his State of the Union address last February, President Barack Obama called on Congress to raise the federal minimum wage from $7.25 an hour to $9 an hour.
Littler Mendelson, P.C. • November 11, 2013
On October 31, 2013, a Seventh Circuit panel decided, by a two to one vote, to reverse a district court’s decision granting summary judgment to the employer in a Fair Labor Standards Act (FLSA) collective action involving over 400 employees seeking overtime compensation for time spent at the work site showering and changing clothes.