Wage and HourBlog Posts
Federal Court Reiterates That Banquet Servers Can Satisfy Section 7(i) ExemptionAmong the many ambiguities in the FLSA’s often-confusing overtime exemption for commissioned employees of retail or service establishments (known as the “7(i)” exemption), is courts’ varying interpretations of what constitutes a “commission.” This has long been particularly vexing for the banquet industry, where it is customary to charge a mandatory service charge, then distribute that service … Continue reading Federal Court Reiterates That Banquet Servers Can Satisfy Section 7(i) ExemptionJune 18, 2010 |
USDOL Issues Second Pro-Employee “Administrator’s Interpretation”As discussed previously, the USDOL Wage and Hour Division has ceased issuing Opinion Letters in response to specific requests for guidance from the public, but rather has decided to issue more general “Administrator’s Interpretations” of its own volition on topics of the DOL’s choosing. As with the first such Interpretation, which set forth the Division’s current … Continue reading USDOL Issues Second Pro-Employee “Administrator’s Interpretation”June 17, 2010 |
Court Denies Claim For Alleged Unpaid Overtime Despite Employer’s Failure To Maintain Required RecordsAs discussed here, an employer’s maintenance of accurate records of hours worked by employees is not only a substantive requirement of the FLSA, but an essential component to defending against “off the clock” claims. But what happens if an employee brings such a claim and the employer has not maintained records? Is the employer defenseless? The … Continue reading Court Denies Claim For Alleged Unpaid Overtime Despite Employer’s Failure To Maintain Required RecordsJune 16, 2010 |
Federal Court Finds Pre-Shift Time De Minimis And Non-CompensableThe Second Circuit recently affirmed a district court’s decision dismissing security guards’ claims for minimal amounts of allegedly uncompensated work time. In doing so, the Court reiteratedthe general principle applied by federal courts that “"[w]hen the matter in issue concerns only a few seconds or minutes of work beyond the scheduled working hours, such trifles may … Continue reading Federal Court Finds Pre-Shift Time De Minimis And Non-CompensableJune 11, 2010 |
An Example of the USDOL’s New Proactive, Company-Wide Approach To SettlementsAs we previously reported here, the USDOL is focused on corporate-wide compliance strategies to ensure that employers take active responsibility for their compliance efforts. In a speech at New York University, Solicitor of Labor M. Patricia Smith touted a recent settlement with Tyson Foods as an example of the DOL’s new approach. Ms. Smith explained … Continue reading An Example of the USDOL’s New Proactive, Company-Wide Approach To SettlementsJune 10, 2010 |
Eleventh Circuit Finds Crane Dispatcher To Be Exempt Administrative EmployeeIn light of other case law, a recent pro-employer decision from the Eleventh Circuit Court of Appeals, holding that a salaried dispatcher for a crane rental company qualified as an exempt administrative employee, adds credence to a question often asked by legal and human resources professionals: is the administrative exemption in the eye of the … Continue reading Eleventh Circuit Finds Crane Dispatcher To Be Exempt Administrative EmployeeJune 9, 2010 |
The Price of Foregoing Written Commission AgreementsAs recently discussed here¸ a properly drafted commission agreement is essential in New York (and every state) to minimize exposure to a variety of claims, including claims for alleged unpaid commissions and improper wage deductions. In fact, in New York and other states, a written signed commission agreement is required pursuant to state law, absent … Continue reading The Price of Foregoing Written Commission AgreementsJune 7, 2010 |
Miami-Dade Wage Theft Ordinance AmendedReacting to outcry from the employer community, on June 3, 2010 the Miami-Dade County (FL) County Commission amended its recently enacted wage ordinance which defined “wage theft” as failing to pay an employee any portion of his or her wages within 14 calendar days of the work having been performed. Prior to this amendment, the ordinance potentially … Continue reading Miami-Dade Wage Theft Ordinance AmendedJune 4, 2010 |
The Pitfalls Of Excluding Payments from the Calculation Of The Regular Rate Of PayIn general, when calculating the regular rate of pay for purposes of determining overtime under the FLSA, all remuneration must be included. This rule is subject to certain limited exceptions for, inter alia, discretionary bonuses and reimbursement of legitimate expenses. But, if an employer decides to provide an hourly “per diem” and classify it as … Continue reading The Pitfalls Of Excluding Payments from the Calculation Of The Regular Rate Of PayJune 2, 2010 |
Jackson Lewis Attends Wage and Hour Division Public Forum Articulating DOL Enforcement AgendaOn Friday, May 21, 2010, the Department of Labor, Wage and Hour Division held a public Stakeholder Forum, during which key members of the Wage and Hour Division (WHD) discussed WHD’s goals and regulatory agenda. Jackson Lewis attended the Forum. After welcoming the crowd, Nancy Leppink, the WHD Deputy Administrator pointed out some of WHD’s accomplishments … Continue reading Jackson Lewis Attends Wage and Hour Division Public Forum Articulating DOL Enforcement AgendaMay 25, 2010 |