Ask the Expert: Interns and Nonprofits—What Are the Rules?
Question: Is a “nonprofit” religious organization subject to the same 6 criteria as described for the “for-profit” organization (as explained by the Department of Labor)?
Tag: FLSA
With the Addition of Pittsburgh, Salary History Bans Pick Up Steam
Following Massachusetts’ lead, more states and cities are enacting—or at least considering—laws that prohibit employers from asking job applicants about their salary histories. The efforts are aimed at reducing gender pay disparities.
Can’t Blame it on the Accountant: Employer Pays $2M for Wage Violations
While employers can sometimes avoid extra liability in wage and hour claims by showing that they tried to comply with the law, that defense was of no use to an employer who, despite using an accountant, falsified employee time records.
SHRM to DOL: Reverse Obama FLSA Interpretations
The U.S. Department of Labor (DOL) should rescind certain wage and hour “Administrator Interpretations” issued during the Obama administration, the Society for Human Resource Management (SHRM) said February 16.
Ask the Expert: Are Cash Payments in Lieu of Benefits Part of Base Wage?
Question: We provide employees the option to take a lump sum cash payment ($1,000/yr) in lieu of accepting benefits, payable in increments over each pay period. The U.S. Court of Appeals for the 9th Circuit has indicated those payments should be included in the base wage for purposes of calculating overtime (see Flores v. City […]
Who Is an Employee Under the FLSA? Not NCAA Athletes, According to the 7th Circuit
Recently, the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—affirmed an Indiana court’s decision to dismiss a case filed by former student athletes at the University of Pennsylvania (Penn) against the NCAA. The student athletes alleged they were employees who were entitled to minimum wage under the Fair Labor Standards Act (FLSA).
Trump’s DOL Will Address Overtime Rule by May 1
The federal government has been granted more time to figure out what to do about overtime regulations that remain in judicial limbo. A federal appeals court on February 22 granted the U.S. Department of Labor (DOL) its second extension in the proceedings, giving it until May 1 to take a position.
Louisiana Court Schools Employer On Deductions Based On Loan Agreement
A recent Louisiana Court of Appeal decision reaffirms old lessons on employee loan agreements and when it’s inappropriate to make deductions from final paychecks for amounts owed to the company.
Employee or Independent Contractor? Right to Control Is Key
The U.S. Court of Appeals for the 3rd Circuit (which covers Delaware, New Jersey, and Pennsylvania) recently concluded that the right to control, rather than actual control, is the key factor in differentiating employees from independent contractors under a state wage and hour law.
Ask the Expert: How Soon Must We Rectify Paycheck Error?
Question: We made an error on an employee’s paycheck. They were not paid for 8 hours of vacation time. Do we need to make this payment within a certain time period of paycheck date? Can a company have a policy that any adjustments will be reflected in the following paycheck?