We have reached the first non-holiday Friday of 2021, which means today is the first payday for many employers (including my own). 2021 is one of those years that come along every 5, 6 or 11 years, depending on your ...
Read More »Reclassifying Exempt Employees as Non-Exempt under the FLSA
We have discussed exempt and non-exempt classifications and related issues many times here. Normally, we talk about classifying non-exempt employees as exempt under (most commonly) one of the white collar exemptions. What about the reverse? Can an employer decide to ...
Read More »Lessons from the DOL’s Recovery of Backpay from Chick-Fil-A Franchisee for Improper Uniform Deductions
Last week, the Department of Labor (DOL) announced that it had secured over $12,000 in back wages for 184 employees of a Chick-Fil-A franchisee. The settlement secured by the DOL’s Wage and Hour Division is a good reminder that DOL ...
Read More »State Appeals Court Clarifies Unlimited Paid Time Off Policies in California
COVID-19-induced challenges and the resulting work-life balance changes have cut into the time I have had available for posts, but I wanted to pass along an important non-coronavirus related court decision from this past month that ties into one of ...
Read More »EEOC Pay Data Saga Ends (For Now), but was “Component 2” Ever an Answer to Systemic Pay Discrimination Issues?
This morning, my LinkedIn feed was full of messages and alerts about the end of the EEOC’s collection of pay and hours data through its Employer Information Report, commonly known as the EEO-1. The struggle over the collection of the ...
Read More »Final Wages: Paying Accrued Leave at Termination
Earlier this month, we discussed the range of issues that an employee departure can raise for employers. One of the most frequently searched topics on this blog relates to accrued vacation, PTO, sick leave, and other leave banks, and, in ...
Read More »Paying Final Wages to Departing Employees
Happy New Year! I hope that 2020 is off to a good start for you! For me, this is the time of the year to (among other things) start finalizing succession planning and updating our pipeline of directors, executives, and ...
Read More »PTO Forever: Unlimited Vacation
As we roll into the Thanksgiving holiday here in the U.S., vacation and the long holiday weekend are on my mind! I’m fortunate to be able to do some pro bono work in my in-house practice. One issue that a ...
Read More »Recent Indictment is Good Reminder that FLSA, Other Wage and Hour Laws Provide for Criminal Charges
We talk regularly about the DOL’s focus on misclassifications or the potential liability for unpaid overtime, but these are all civil penalties. Although they are somewhat rare, the FLSA and other wage and hour statutes provide opportunities for criminal charges against employers. In ...
Read More »Don’t Get Carried Away with the Pay Period Leap Year
Yesterday, we discussed the Pay Period Leap Year and what it means for employers. If your first weekly paychecks would normally issue this Friday, January 1, 2016, you will have a fifty-third pay period on December 31, 2015. If your ...
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