Practical HR Tips, News & Advice. Updated Daily.
By Gregory J. Wartman A Pennsylvania federal court has ruled that an employer doesn’t have to withhold federal payroll taxes from a settlement payment resolving a discrimination claim under the Family and Medical Leave Act (FMLA). The court reasoned that because the FMLA settlement proceeds weren’t wages, they weren’t subject to federal withholdings.
The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC.
By Megan Walker, Fisher Phillips The Federal Equal Pay Act was signed into law by President John F. Kennedy in 1963. Fifty-three years later, lawmakers across the U.S. are still searching for ways to narrow the pay gap between men and women. The Foundation: The Equal Pay Act of 1963 and Title VII of the […]
Three-quarters of Americans (75%) are living paycheck-to-paycheck to make ends meet, according to a survey from CareerBuilder. Thirty-eight percent of employees said they sometimes live paycheck-to-paycheck, 15% said they usually do and 23% said they always do.
By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]
The so-called blacklisting rule will not take effect on October 25, 2016 as planned. A federal district court Monday night granted a request to temporarily halt the regulation requiring federal contractors to report employment law violations to agencies that award contracts (Associated Builders and Contractors of Southeast Texas, et al. v. Rung, No. 1:16-cv-00425 (E.D. […]
Update: A ruling on the injunction hearing held on November 16 is expected on November 22. We will provide coverage on the ruling once it is issued. A federal district court has agreed to fast-track a lawsuit challenging the U.S. Department of Labor’s (DOL) new overtime regulation. It has scheduled oral arguments for November 16, […]
Question: I understand with the new FLSA regulations that “An employer may require an exempt employee to work more than 40 hours in a workweek without having to pay a premium for overtime hours.” Most of our employees are exempt, but currently we give them the option to be paid straight time for hours worked […]
By Kate McGovern Tornone, Editor The U.S. Department of Labor’s (DOL’s) limits on tip pools are valid, the 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—reaffirmed September 6, denying a request for it to reconsider its opinion on the issue.
A company misclassified its workers as franchisees, denying them proper compensation, the U.S. Department of Labor (DOL) has alleged in a lawsuit.