News & Analysis as of

Department of Labor (DOL) Fair Labor Standards Act (FLSA) Penalties

Kerr Russell

Wage and Hour Self-audit Program May Allow Employers to Correct Wage Errors

Kerr Russell on

Many employers unknowingly classify employees as exempt from overtime pay or fail to correctly calculate wages and, in some cases, entitlement to unpaid leave time. This can result in significant liability under the Fair...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

FordHarrison

Illinois One Day Rest in Seven Act and Meal Break Law: How Employers Can Protect Themselves

FordHarrison on

Real World Impact: A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Low-Cost Meals, High-Cost FLSA Mistakes: Lessons From the DOL’s Fining of a Minnesota Pizza Restaurant for Wage and Hour Failures

In December 2024, the U.S. Department of Labor (DOL) fined a Minneapolis pizza restaurant for numerous wage and hour violations....more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

Jaburg Wilk on

The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more

Pillsbury Winthrop Shaw Pittman LLP

Broadcasters and Other Media Employers Must Navigate the New 2024 Overtime Requirements

On April 23, 2024, the U.S. Department of Labor published final regulations under the Fair Labor Standards Act (“FLSA”) that ultimately raise the minimum salary necessary to be exempt from federal overtime rules by 65%. These...more

Foley & Lardner LLP

Ensuring Child Labor Law Compliance Amid Growing Scrutiny

Foley & Lardner LLP on

In February, the New York Times published an investigative report regarding alleged employment of underage migrants, many from Central America, at U.S. companies. While employment of certain minors is permitted under federal...more

Pillsbury Winthrop Shaw Pittman LLP

Don’t Let Bank Uncertainty Delay Payroll: Considerations for Employers

With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more. ...more

Fisher Phillips

The 7 Most Common Questions Asked by Mississippi Employers Hiring Minors

Fisher Phillips on

With the holiday season coming up, Mississippi employers may be considering hiring minors for seasonal work. However, you must take special care in employing minor workers, as both federal and state laws impose special rules...more

Woods Rogers

FLSA Lessons from TopGolf: Titles Mean Nothing!

Woods Rogers on

If you have employees you’re not paying overtime, be ready to explain why their duties make them exempt under the FLSA, not their title. Just because you call it a hole in 1, doesn’t make it so! The Fair Labor...more

Franczek P.C.

New DOL Rule Adds Civil Penalties for Taking Employee Tips

Franczek P.C. on

In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S....more

Fisher Phillips

Hiring Under-18 Workers This Summer?

Fisher Phillips on

If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act....more

Foley & Lardner LLP

“Accurate” Time Records Must Actually Be Accurate

Foley & Lardner LLP on

Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals. In this season of confusion, particularly regarding the on-again/off-again...more

Buchalter

The Concept Of Independent Contractor Is Under Assault— Especially In California

Buchalter on

The traditional working classification of independent contractor, as we have known it, may soon go the way of the dinosaur, the horseless carriage, and the telegraph. Although perhaps your gardener, pool man or family...more

Littler

Workplace Policy Institute Insider Report — August 2016

Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The August edition of the Insider Report compares the Democratic...more

Fisher Phillips

Senate "Misclassification" Bill Bears Watching

Fisher Phillips on

Yet another "misclassification" bill introduced in the U.S. Senate would impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee. The "Payroll Fraud...more

Foley & Lardner LLP

Notice Regarding Marketplace Coverage Options Due October 1

Foley & Lardner LLP on

The October 1, 2013 deadline for providing employees with a notice of their coverage options through the newly established public health insurance exchanges (referred to as the “Marketplace”) is quickly approaching. This news...more

Laner Muchin, Ltd.

DOL Issues Marketplace Notice Guidance But Will Not Subject Employers To Fines or Penalties If They Fail To Issue The Required...

Laner Muchin, Ltd. on

The Patient Protection and Affordable Care Act (PPACA) amended the Fair Labor Standards Act (FLSA) to require employers to provide a notice to employees informing them of the public health insurance marketplaces (aka...more

Smith Anderson

Affordable Care Act Confusion: Health Care Exchange Notice Due but No Penalty for Noncompliance

Smith Anderson on

The Affordable Care Act and subsequent guidance require all employers subject to the Fair Labor Standards Act to provide notice of health care coverage options available through a health care exchange to all current employees...more

Fisher Phillips

All Employers Face October 1st Health Reform Deadline

Fisher Phillips on

With the Health Insurance Marketplace created by the Patient Protection and Affordable Care Act (PPACA) set to open its figurative doors for enrollment on October 1, 2013, employers face a new obligation. Nearly all...more

Holland & Knight LLP

Employment Classification Lessons Learned From Scantland v. Jeffry Knight Inc.

Holland & Knight LLP on

A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational...more

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