Tag Archives: salary/payroll

It’s Unbelievable! – Bill Introduced into Congress Would Turn Labor Relations on its Head

Ver la versión en español aquí There has been a consistent and steady decrease in unionization across the Country over the past forty years.  Although many can argue as to the reasons for that, it is clear that organized labor intends to alter that trend by changing the rules of the game.  The most recent … Continue Reading

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

Ver la versión en español aquí For those of us in South Florida, we just braved the first few weeks of school and the associated traffic congestion.  Now we have to prepare for Tropical Storm Erika, potentially Hurricane Erika? While we will know more about the storm’s path on late Friday and early Saturday, it is … Continue Reading

DOL’s Proposal Will Require More “White Collar” Employees to Be Paid Overtime

Ver la versión en español aquí The U.S. Department of Labor (“DOL”) recently proposed substantial changes to the salary amounts for the FLSA’s white collar exemptions. This is the first proposed change since 2004. The DOL took this action in response to a March 2014 directive from President Obama to “modernize and streamline” the regulations … Continue Reading

Pro Rata, Quid Pro Quo, Severance Agreement, Lawsuit – Uh-Oh!

Ver la versión en español aquí “Writing is thinking. To write well is to think clearly. That’s why it’s so hard.” -David McCullough Hickory Foods, Inc. out of Jacksonville, Florida provided a departing employee, Jonathan Thomas, with a written severance package. The company wanted to pay Thomas an additional eight weeks of his annual salary as severance. … Continue Reading

California and Non-Compete Agreements – What Can You Do?

Ver la versión en español aquí Since 1872, the California Supreme Court has applied a bright-line mandate holding covenants not to compete invalid and unenforceable, unless the covenant is being sought as a means to protect goodwill in connection with the sale of a business. California’s Business and Professions Code permits an exception to the … Continue Reading

The Wage & Hour Battle Rages On

Ver la versión en español aquí Over the last several months, President Obama has continued his push to revamp the nation’s minimum wage and overtime laws. He has faced an uphill battle. In a Presidential Memorandum dated March 13, 2014, President Obama directed the Department of Labor to “propose revisions to modernize and streamline the … Continue Reading

By The Numbers: How Working Moms & Dads Compare in Salary and Job Satisfaction

CareerBuilder.com has released its “Mother’s Day Survey” comparing working moms and dads in categories such as salary, title, and job satisfaction. The conclusion: “While salary data indicates that female breadwinners may have a tougher time making ends meet, working moms in general tend to be happier in their jobs.” The study was conducted between February … Continue Reading

Court Turns Searchlight on Unpaid Interns in Film and Entertainment Industry

On Tuesday, a federal court judge in New York ruled that Fox Searchlight Pictures violated federal and state wage laws by not paying production interns.  The production interns, Eric Glatt and Alexander Footman, worked on the psychological thriller “Black Swan” performing work such as reconciling purchase orders and invoices, drafting cover letters, filing, making copies, arranging … Continue Reading

FLSA and Mootness: The Court Punts and Kagan Throws a Stiff Arm

We have blogged in the past whether offering back pay and other expenses to a plaintiff in a lawsuit under the Fair Labor Standards Act (FLSA) can “kill” the lawsuit. Some courts have recognized that offering the plaintiff full back pay and expenses makes the lawsuit “moot,” even if the plaintiff rejects the offer. Other … Continue Reading

Make Sure Your Recruiters Know What NOT to Say to Employees

Whether you have in-house or outside recruiters, make clear what they can and cannot say to your employees.  On March 11, 2013, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board made the recommendation that Aerotek, Inc., an employee staffing company, violated the National Labor Relations Act (“NLRA”) when its recruiters told employees … Continue Reading

Court Says Employer Not Liable for Unreported Work Time

        The Sixth Circuit Court of Appeals affirmed dismissal of a lawsuit under the Fair Labor Standards Act brought by an employee who failed to follow her employer’s policy for reporting uncompensated work time.  In Margaret White v. Baptist Mem’l Health Care Corp., the employer, Baptist Memorial Health Care Corp. (“Baptist”), automatically … Continue Reading

Accurate Timekeeping System Gives Company Win on Overtime Claim

The Tenth Circuit Court of Appeals recently found no liability for a company that kept accurate time records in the face of a former employee who claimed that he was not paid for overtime hours that he worked at home.  In Brown v. Scriptpro, the employer, Kansas-based company ScriptPro LLC, had an automated timekeeping system … Continue Reading

The Fifth Circuit Says Employer Can Privately Settle FLSA Claims Without DOL or Court Approval

For over 30 years, the federal courts in Florida (and in other states) have required that settlements of minimum wage and overtime claims under the Fair Labor Standards Act (“FLSA”) be reviewed and approved either by a court or the US Department of Labor.   Now, one court, the Fifth Circuit Court Of Appeals, the federal … Continue Reading

United States Supreme Court Says Pharmaceutical Reps are FLSA Exempt Outside Salespeople

The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading

Unpaid Internships = Cheap Labor? Think Again.

In the third of three recent wage and hour class actions brought by unpaid interns against  media and entertainment companies (Wang v. The Hearst Corp. and Glatt and Footman v. Fox Searchlight Pictures, Inc.), a former unpaid intern for the “The Charlie Rose Show” has sued Charles Rose and his production company on behalf of all interns … Continue Reading

NLRB Says No to Requiring Employees to Sign Arbitration Agreements Prohibiting Group or Class Action

On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law.  The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading

If an Employee Works Overtime and No One Knows Will the Employer Be Liable? A Recent Case Says, "No."

We have all heard the riddle of whether a tree that falls in a forest with no one present makes a noise. A federal appellate court sitting in Indiana faced a similar question regarding a former employee’s claim for overtime compensation under the Fair Labor Standards Act (FLSA). In the case of Kellar v. Summit … Continue Reading

Love That Tender: Mooting an FLSA Action

On September 20, we posted, Was Dionne The FLSA Magic Bullet We Thought?, which discussed recent cases under the Fair Labor Standards Act (FLSA) where the employer tried to moot the lawsuit by tendering the back pay and liquidated damages claimed by the former employee.  As a refresher, in Dionne v. Floormasters Enterprises, Inc., the … Continue Reading

Was Dionne The FLSA Magic Bullet We Thought?

Has the Eleventh Circuit Court Appeals provided employers with a means to resolve a Fair Labor Standards Act (FLSA) lawsuit quickly and avoid paying attorneys’ fees or has the plaintiffs bar already revised its litigation strategy?  The federal appeals court with jurisdiction over Florida, Georgia, and Alabama recently denied attorneys’ fees to a plaintiff suing … Continue Reading

Cutting of H-1B Employees’ Salary Costs Employer More Than a $1 Million

A recent decision from a federal court in Tennessee affirmed an administrative decision awarding more than $1 million in back pay to H-1B physician employees of several clinics owned by Mohan Kutty.  The decision is Kutty v. Department of Labor. Kutty is a physician who operated clinics in Tennessee and Florida.  He hired several foreign … Continue Reading

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading
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