Recordkeeping

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 ...

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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 ...

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State Appeals Court Clarifies Unlimited Paid Time Off Policies in California

Holiday

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 ...

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EEOC Pay Data Saga Ends (For Now), but was “Component 2” Ever an Answer to Systemic Pay Discrimination Issues?

EEOC Seal

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 ...

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Final Wages: Paying Accrued Leave at Termination

Holiday

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 ...

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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 ...

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PTO Forever: Unlimited Vacation

Holiday

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 ...

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Recent Indictment is Good Reminder that FLSA, Other Wage and Hour Laws Provide for Criminal Charges

Photo credit: The.Comedian via Foter/Flickr - CC BY-NC

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 ...

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Don’t Get Carried Away with the Pay Period Leap Year

Photo credit: Lisa Lawley via Foter.com - CC BY-NC-ND

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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Preparing for the 2016 Pay Period Leap Year

Historical records show that at least twice in history, countries have observed February 30 on the calendar.  Sweden added the date to its 1712 calendar to correct an earlier calendar error and the Soviet Union observed February 30 in 1930 ...

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