9 articles found.
You Need to Understand the Fair Labor Standards Act, Part 3 - Are You a Joint Employer?
June 1, 2009by Cameron S. Hill (Baker, Donelson, Bearman, Caldwell & Berkowitz)
(This article was originally published in Bricks in the Wall, a bimonthly publication series, each issue on a topic of interest to the construction industry.) General contractors typically use subcontractors to perform various aspects of the project, and some subcontractors also use subcontracted labor. In these situations, you may be liable for your subcontractors' violations of the FLSA. Everyone typically accepts that a general contractor supervises and may even ensure a subcontrac...
Tags: Wage and Hour
You Need to Understand the Fair Labor Standards Act, Part 2 - What Is "Work" Under The FLSA?
May 1, 2009by Cameron S. Hill (Baker, Donelson, Bearman, Caldwell & Berkowitz)
(This article was originally published in Bricks in the Wall, a bimonthly publication series, each issue on a topic of interest to the construction industry.) What you may assume is a relatively simple issue - how to calculate the total number of hours an employee works during a week - can be complicated. The construction industry particularly faces these complications because under the FLSA, your employees may perform activities that qualify as compensable time but do not meet what y...
Tags: Wage and Hour
You Need to Understand the Fair Labor Standards Act, Part 1 - The Basics
March 1, 2009by Cameron S. Hill (Baker, Donelson, Bearman, Caldwell & Berkowitz)
(This article was originally published in Bricks in the Wall, a bimonthly publication series, each issue on a topic of interest to the construction industry.) This is the first of a five-part series of newsletters covering a topic you can overlook during a construction project - wage and hour issues under the Fair Labor Standards Act (FLSA).1 You may know the key protections the FLSA provides - a minimum wage and the requirement that you pay overtime for hours worked over 40 hours per week...
Tags: Wage and Hour
California Court of Appeal Upholds Forfeiture of Commissions on Termination
June 22, 2009by Kathryn T. McGuigan (Epstein, Becker & Green)
Originally published on the Wage & Hour Defense Blog. Post-termination payment of bonuses and commissions is a frequent subject of wage and hour claims in California. In Nein v. Hostpro, Inc., No. B199497 (June 3, 2009), the California Court of Appeal addressed this issue, affirming summary judgment in favor of the employer, holding that the plain language of an employment agreement barred the employee’s recovery of commissions after he was terminated. Because the employment agreement conta...
Tags: Wage and Hour
Tough Economy Makes it More Important to Be Vigilant About Off the Clock Work
June 15, 2009by David L. Barron (Epstein, Becker & Green)
Originally published on the Wage & Hour Defense Blog. Times are tough out there. Company budgets are being slashed, along with the number of employees and available hours. Many supervisors suddenly find their departments doing the same amount of work with half the people. On the overtime front, this is a recipe for a disaster. Under these conditions, many supervisors are trapped with little ability to approve overtime. Hard working employees may not even request appro...
Tags: Wage and Hour
Understanding and Preparing for the Hidden Dangers of the Lilly Ledbetter Act
March 25, 2009by Berna Rhodes-Ford (Holland & Hart)
On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 into law. This law reverses the United States Supreme Court’s holding in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007). Specifically, the Act changes the way the statute of limitations is calculated for discrimination claims. Individuals who allege they have been discriminated against with regard to pay can now bring their claims within 180 days of their last discriminatory paycheck inst...
Tags: Wage and Hour
Pitfalls of Employer Measures Aimed at Avoiding Layoffs
April 1, 2009by Windy Rosebush Catino (Edwards Angell Palmer & Dodge)
Spring 2009 In these tough economic times, many companies have been faced with the necessity of cutting costs, while struggling to retain valued employees who will be needed when their economic situation improves. According to the Labor Department’s Bureau of Labor Statistics, in February 2009, 295,477 workers lost their jobs as a result of 2,769 mass layoff actions taken by employers. However, a recent survey by Watson Wyatt revealed that the number of companies planning future layo...
Tags: Collective Bargaining, Wage and Hour, Employee Benefits, WARN Compliance
A New Era of Paycheck Litigation
March 2, 2009by
Ivan B. Perkins
(Mitchell Silberberg & Knupp)
and
Jolene Konnersman
(Mitchell Silberberg & Knupp)
The Lilly Ledbetter Fair Pay Act Just nine days after taking office, President Obama signed the first piece of legislation to reach his desk: the Lilly Ledbetter Fair Pay Act (“Ledbetter Act”).1 This was hardly a surprise. During the campaign, Senator Obama repeatedly invoked Lilly Ledbetter’s name, told her story, and pledged to sign her bill. Ledbetter also spoke at the Democratic National Convention and campaigned on Obama’s behalf. Her ...
Manager Misclassification: Still Business as Usual?
September 26, 2006by Douglas H. Duerr (Elarbee, Thompson, Sapp & Wilson)
In 2001, a federal court in Tennessee hit Treetop Enterprises, Inc., a Waffle House franchisee, with a damage award over $2.8 million (plus prejudgment interest and attorneys fees) in a lawsuit claiming that Treetop had misclassified its managers as exempt from overtime compensation under the Fair Labor Standards Act (FLSA). While shocking at the time, it proved to be the precursor to a cottage industry of copycat lawsuits -- with companies such as Starbucks® and others being hit with big...
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