Wage and Hour Articles http://www.elinfonet.com/fedindex/9 Employment law articles discussing wage and hour issues, including those under the FLSA. Fri, 10 Feb 2012 04:02:38 EST en-us An employee handbook/arbitration agreement issue that needs fixing -- fast http://www.elinfonet.com/newscount.php?popID=11796 Article: 11796 Thu, 09 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) On Jan. 25, the 5th U.S. Circuit Court of Appeals struck down 24 Hour Fitness’ arbitration policy in John Carey, Individually and On Behalf of Other Employees Similarly Situated v. 24 Hour Fitness, USA Inc. DOL'S Right-to-Know Rule Delayed Until Election http://www.elinfonet.com/newscount.php?popID=11793 Article: 11793 Thu, 09 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) For the past two years, the U.S. Department of Labor (DOL) has discussed revising its recordkeeping regulations under the Fair Labor Standards Act (FLSA) to require every employer who classifies an employee as exempt to prepare a written justification for the exemption. This justification would then have to be provided to the employee and be made available to the DOL for its review. 4th Circuit: FLSA Prohibits Retaliation For Internal Complaints http://www.elinfonet.com/newscount.php?popID=11777 Article: 11777 Wed, 08 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) According to the facts described in her complaint, Kathy Minor was hired by Bostwick Laboratiries, Inc. as a medical technologist on December 24, 2007. Unilateral Right to Amend Arbitration Agreement Makes Employment Arbitration Clause Unenforceable http://www.elinfonet.com/newscount.php?popID=11769 Article: 11769 Wed, 08 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Executive Summary: The Fifth Circuit recently allowed a collective action claim for overtime pay under the Fair Labor Standards Act (FLSA) to proceed and held that an arbitration agreement was unenforceable because the employer could unilaterally modify the arbitration agreement. John Carey v. 24 Hour Fitness USA, Inc. Wrong Response To Pay Complaint Can Pose Big Risks http://www.elinfonet.com/newscount.php?popID=11765 Article: 11765 Tue, 07 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Betty works for The Big Store as a non-exempt Accounts-Payable Clerk. She is assigned to help with taking a merchandise inventory over one weekend, and she works a total of 60 hours in that workweek. DOL Targets Home Health Care Provider for Payment of Flat Daily Rates http://www.elinfonet.com/newscount.php?popID=11763 Article: 11763 Tue, 07 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) In one of many recent Department of Labor (DOL) enforcement actions against the home health care industry, a federal court entered a consent decree ordering Aspen Nursing Services Inc. to pay $210,000 in back pay and liquidated damages to 22 employees. Aspen provides home health aides for individuals with disabilities in Kentucky and Ohio. Federal Court in New Jersey Refuses to Approve Confidentiality for Wage and Hour Settlement http://www.elinfonet.com/newscount.php?popID=11761 Article: 11761 Tue, 07 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Employers faced with wage and hour litigation often seek to condition settlement on the agreement of plaintiffs to keep the settlement and its terms confidential. Confidentiality is often an important condition of settlement because employers may hope to avoid “copycat” claims by other employees and face the possibility that disclosure of a wage and hour settlement may be viewed by the public as an “admission” of liability. Can A Paid Break Become Unpaid? http://www.elinfonet.com/newscount.php?popID=11735 Article: 11735 Thu, 02 Feb 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Acme Corporation's longstanding policy is to give non-exempt employees two 10-minute rest breaks each workday. It treats these breaks as paid worktime. Management recently realized that, over the years, most of the employees have gradually come to be spending 15 to 20 minutes or even a little longer on each break. Acme sent out a memo reminding everyone that the breaks are limited to 10 minutes, but it had no effect. Could Acme start considering the over-10-minute extensions to be unpaid time? What Does The FLSA Say About Nursing Mothers? [Wage & Hour FAQ] http://www.elinfonet.com/newscount.php?popID=11725 Article: 11725 Tue, 31 Jan 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) Regular readers may have noticed a decline in the frequency of our updates around the end of the year. That's because, in addition to the usual holiday and year-end craziness, my wife and I welcomed a new baby on the day after Christmas. As I get back into the swing of work and blogging, I thought this might be a perfect time to review the federal requirements regarding break time for nursing mothers. "Right to Know" Rule Not Likely in 2012 http://www.elinfonet.com/newscount.php?popID=11720 Article: 11720 Mon, 30 Jan 2012 00:00:00 EST webmaster@elinfonet.com (Employment Law Information Network) For roughly the last two years, the U.S. Department of Labor has been contemplating (some would say "threatening") revisions to the recordkeeping regulations under the Fair Labor Standards Act that would require an employer who classifies an employee as exempt to prepare a written justification of the basis for the exemption. This document would have to be provided to the employee and would be subject to inspection by the Department of Labor. For obvious reasons, many employers strongly disfavor this proposal.