Work Knowledge Blog

Work Knowledge Blog

Category Archives: Wage & Hour

Subscribe to Wage & Hour RSS Feed

Top 5 Mistakes Employers Make with Their Employee Handbooks

Posted in Compliance, Discrimination, Policies & Practices, Retaliation/Whistleblower, Wage & Hour

As 2016 winds down and a new year approaches, now is a great time for employers to think about their employee handbooks and employment policies in general.  As employers go about that thought-process, here are a few common mistakes employers should try to avoid:

(1) Self-Regulation:  Employers… Continue Reading

Court Takes Injunction on Salary Threshold Levels Under Advisement

Posted in Wage & Hour

Today, Judge Mazzant of the Eastern District of Texas Sherman Division heard arguments on an Emergency Motion for Preliminary Injunction regarding changes to the federal salaried exemption threshold, which, absent an injunction, become effective on December 1, 2016.

During the hearing, which lasted over three hours, Judge Mazzant asked several questions… Continue Reading

Restaurant Employers Take Note—the Fifth Circuit Offers Instruction on Proper Deductions from Credit Card Tips

Posted in Wage & Hour

The Fifth Circuit recently decided how much a restaurant employer could deduct from an employee’s tips received by credit card to offset the costs associated with collecting and distributing the tips. In Steele v. Leasing Enterprises, Limited, the Fifth Circuit concluded the employer can only deduct the direct costs… Continue Reading

Joint Employment Concerns Grow for Franchisors

Posted in Wage & Hour

Recent guidance issued by the Department of Labor ensures that, like 2015, joint employment will remain a hot topic for franchisors in 2016. Last year, the National Labor Relations Board (NLRB) captured the full attention of the franchise industry by “restating” the standard for finding joint employment in Browning-Ferris Industries… Continue Reading

United States Department of Labor Intensifies Focus on Independent Contractor Classifications with New Administrator’s Interpretation

Posted in Compliance, Policies & Practices, Wage & Hour

Last month, the United States Department of Labor issued Administrator’s Interpretation No. 2015-1, regarding “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.”  While the Interpretation does not represent a change in the… Continue Reading

Generic, All-Encompassing Employment Releases May Not Actually Release All Employment-Related Claims, Including FLSA Claims

Posted in Compliance, Wage & Hour

The Fifth Circuit Court of Appeals, which includes federal courts sitting in Texas, recently held that a generic, broad state court settlement release did not bar two former employees’ subsequent unpaid overtime compensation claims against their former employer, even though the parties discussed the topic of unpaid wages during settlement… Continue Reading

DOL Issues Proposed Changes to Threshold of Salary Basis Test – $970/week from $455/week

Posted in Compliance, Wage & Hour

Today, the U.S. Department of Labor issued proposed revisions to the minimum salary level that an employer must pay for an employee to be considered exempt under the Fair Labor Standards Act (FLSA). These long awaited revisions would, according to DOL estimates, increase overtime eligibility for approximately 4.6 million employees… Continue Reading

Don’t be like Donald Sterling: Pay Your Interns

Posted in Wage & Hour

The Donald Sterling saga continues to teach employers—by way of bad example—important lessons for managing employees. While Sterling’s racist comments and desperate attempts to retain ownership of the L.A. Clippers continue to grab headlines, employers who hire unpaid interns may be facing a lawsuit similar to a less publicized lawsuit… Continue Reading

UPDATE: Changes to FLSA Exemptions

Posted in Wage & Hour

As announced by the White House this week, President Obama directed the Department of Labor to update the regulations on the white-collar exemptions.  Specifically, the President instructed the Secretary of Labor Thomas Perez to update the regulations.  The President’s point was that the minimum salary requirements had only been raised… Continue Reading

5th Circuit Rejects NLRB’s Position on Class/Collective Action Waivers

Posted in Arbitration, NLRB, Policies & Practices, Wage & Hour

On December 3, 2013, in a landmark decision, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in D.R. Horton, Inc. v. National Labor Relations Board, rejected the argument that the National Labor Relations Act (“NLRA”) banned class and collective action waivers in employment arbitration agreements.  This… Continue Reading

DOL Focuses on Rulemaking Agenda – What does this mean?

Posted in Compliance, Policies & Practices, Wage & Hour

On February 13, 2012, Labor Solicitor M. Patricia Smith spoke at a seminar at the Practising Law Institute.  She stated that the DOL was focused on aggressively making rules rather than issuing guidance.  As an example, the DOL proposed new rules which would all but eliminate the “companionship services” exemption. … Continue Reading

DOL Wage and Hour App

Posted in Compliance, Wage & Hour

The U.S. Department of Labor announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users conveniently can track regular work hours, break time and any… Continue Reading