Fisher Phillips • March 23, 2017
When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a completed Form WH-56, called a "Summary of Unpaid Wages". This document reflects a variety of information, including the names of each individual the investigator believes should receive a payment and the gross amount of this payment.
Franczek Radelet P.C • March 22, 2017
Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that employees perform on these tasks and pay them overtime if their total work hours go over 40 for a single week?
The Walt Disney Company has agreed to pay $3.8 million in back wages to more than 16,000 employees after the US Department of Labor (DOL) found it had violated the minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).
Ogletree Deakins • March 20, 2017
The Ninth Circuit Court of Appeals recently ruled that whether a nursing staffing coordinator met the administrative exemption from federal overtime requirements is a factual issue that must be decided at trial. Quintiliani v. Concentric Healthcare Solutions, LLC, No. 14-17312 (December 1, 2016).
Ogletree Deakins • March 09, 2017
A frequent bone of contention for employees/debtors has to do with the implementation of out-of-state garnishments. The employee often threatens to sue the employer claiming that an out-of-state garnishment is not valid and/or that the exemption rules of the state where the employee works prohibit creditor wage garnishments. These arguments most often arise from employees working in Texas, North Carolina, South Carolina, and Pennsylvania. However, no matter where an employee works or resides, these arguments are flat wrong. In fact, if not exceedingly careful, an employer may end up liable for the debtor’s (even when this person is not even an employee) full unpaid debt for mishandling such a garnishment.
Ogletree Deakins • March 09, 2017
The Texas Court of Appeals for the Fourteenth District recently reversed and remanded a judgment in favor of an employer on an employee’s claim of retaliation under the Fair Labor Standards Act (FLSA). The court found there to be a genuine issue of material fact as to whether a change in the employer’s stated overtime policy, which was implemented after the employee filed an overtime lawsuit against the employer and applied only to that specific employee, constituted a materially adverse employment action. Tooker v. Alief Independent School District, No. 14-15-00124-CV (January 4, 2017).
Littler Mendelson, P.C. • March 08, 2017
HR and payroll professionals nationwide have been, and will continue to be, targeted with e-mails apparently sent by a senior executive but actually sent by scammers who ask for a prompt reply with the 2016 W-2s for all of the organization’s employees. While reliable statistics are not yet available for the current tax season, the IRS revealed in 2016 that it had received more than 1,000 reports of tax-related phishing scams in January 2016 alone and that, in just the first half of last year’s tax season, it had already experienced a 400% year-over-year increase in these scams. In February 2017, the IRS issued an “urgent alert to all employers,” warning that the W-2 phishing scams have “evolved beyond the corporate world and [are] spreading to other sectors, including school districts, tribal organizations and nonprofits.”
Fisher Phillips • February 28, 2017
The U.S. Department of Labor reports that a California restaurant company has agreed to take steps to remedy alleged:
Littler Mendelson, P.C. • February 28, 2017
The year’s shortest month contains a long list of minimum wage and overtime developments. Though to date in 2017 a minimum wage proposal has yet to pass a single state house, and measures in Mississippi, North Dakota, Virginia, and Wyoming were unsuccessful, new proposals across the country require employers’ attention. While front-page stories may focus on the U.S. Department of Labor Secretary vacancy, employers should note that some of the most important developments are taking place in the papers’ state and local sections.
XpertHR • February 27, 2017
2016 proved to be a momentous year for the minimum wage, as seven states and 18 localities passed new laws and ordinances establishing or increasing minimum wages.