http://www.elinfonet.com/fedindex/9 Employment law articles discussing wage and hour issues, including those under the FLSA. Tue, 24 Nov 2009 15:11:55 EST en-us http://www.elinfonet.com/newscount.php?popID=8710 Article: 8710 Tue, 24 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employees in several industries continue to pursue claims under the Fair Labor Standards Act (FLSA) alleging that various pre-shift and post-shift activities such as putting on, taking off or washing sanitary or protective gear before and after work is compensable and/or not being compensated adequately. This "donning and doffing" litigation is especially active in the food processing industry, and the law governing the claims continues to evolve in response to the thousands of claims being pursued. http://www.elinfonet.com/newscount.php?popID=8708 Article: 8708 Tue, 24 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The widespread use of mobile communications technology has resulted in many companies allowing – even encouraging – their employees to work after hours and away from work. For example, many employers issue BlackBerrys or similar smart phones to their employees and expect their employees to be available and to respond to email or phone messages in the evenings and on weekends. Others require employees to coordinate work by email or by texting in the mornings before meeting at a job site. http://www.elinfonet.com/newscount.php?popID=8664 Article: 8664 Wed, 11 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8661 Article: 8661 Wed, 11 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In the next few months, the IRS will launch comprehensive tax examinations of approximately 6,000 random U.S. companies as part of its National Research Program on employment tax compliance. In addition to closing the tax gap, which is the difference between the amount of taxes collected and the amount owed, the IRS hopes the program will help it assess its own performance and generate income. This is one of the agency’s biggest audit campaigns in the area in more than 25 years. http://www.elinfonet.com/newscount.php?popID=8637 Article: 8637 Thu, 05 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In a putative class action pending in the federal court for the Northern District of California, Sullivan v. Kelly Services, Inc. (Case No. C 08-3893 CW), Judge Claudia Wilken, ruling on cross motions for summary judgment, has held that the time spent interviewing by a Kelly Services employee seeking temporary work assignments with Kelly Services' clients is compensable under California law. However, Judge Wilken also ruled that the time spent preparing for and commuting to the client interviews was not compensable, nor was Kelly Services required to reimburse the employees for expenses incurred in attending the interviews. http://www.elinfonet.com/newscount.php?popID=8629 Article: 8629 Wed, 04 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The current financial crisis and economic downturn have caused many employers to implement lay-offs and reductions in force. In an effort to reduce the harsh economic impact of a sudden job loss, and in an effort to mitigate the negative employee relations issues that can result from downsizing, many employers offer affected employees separation pay or severance. Many of these arrangements are not formalized and simply consist of continuation of payroll for a specified period of time following termination of employment. http://www.elinfonet.com/newscount.php?popID=8622 Article: 8622 Tue, 03 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The wage and hour laws are outdated and compliance is exceedingly difficult in light of the way in which most hotels and restaurants are required to operate. But, you already knew these facts. Recent tip credit and tip pooling cases continue to highlight the problems and we will be addressing tipped employee issues in this and future editions of the Hospitality eAuthority. http://www.elinfonet.com/newscount.php?popID=8600 Article: 8600 Fri, 30 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8561 Article: 8561 Wed, 21 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employers providing personal data assistants (“PDAs”), such as BlackBerries, as well as cell phones and pagers, to non-exempt employees may face unexpected costs: liability for wages and overtime. A recent increase in complaints filed on behalf of non-exempt workers illustrates potential risks for employers who provide PDAs to workers. The complaints seek wages and overtime pay for workers’ time spent reviewing and responding to text messages, e-mails and other communications received through company-issued PDAs. http://www.elinfonet.com/newscount.php?popID=8547 Article: 8547 Thu, 15 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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.