Million-Dollar Wage & Hour Lawsuits – Will You Be Next?
High dollar wage and hour settlements can be on the arisen. Just about every day, it seems the Department of Labor wins or settles another expensive lawsuit based on the “simple” laws of wage and hour. Below are eight beyond-the-basics FLSA questions that address wage and hour questions.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Getting Paid Is A Common Workplace Problem
Not knowing wage and hour regulation can be costly. A survey of low-wage workers from the national study revealed 43 percent who complained about a workplace issue or tried to form a union experienced retaliation, including having their hours cut, threatened with being fired, being fired or suspended, harassed or given an increased workload.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Misclassification and Other Initiatives To Encourage Employer
The proposed recordkeeping rules are the most imminent and are expected in August. Not surprisingly, these proposed rules will focus on the use/misuse of the independent contractor classification by employers. Ms. Leppink indicated that the rules should “enhance awareness among workers of their status as employees or independent contractors” and may even require employers to explain to any contractor the basis for a contractor, non-employee classification.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
The Department of Labor Expected to Apply Additional Pressure on Employers
The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the DOL is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased audits.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
A Wage and Hour Checklist for Employers
In the past, employees knew even less about the standards in the Fair Labor Standards Act (FLSA) than supervisors and managers. The internet has changed this giving employees today almost instant access to updated information. Labor relations expert Hunter Lott suggests that the following questions are worth asking (and answering) in this regard:
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Misclassifying Employees as Independent Contractors Can Be Costly
Independent contractors, for example, are not covered by company benefit plans, and payroll withholdings and deductions do not apply. They are not entitled to statutory benefits and protections afforded to traditional employees, such as unemployment compensation and workers’ compensation. Moreover, in many instances, independent contractors cannot take advantage of various federal and state antidiscrimination, minimum wage, and overtime laws.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
The Most Common Wage And Hour Mistakes
Whether intentional or not, when violations are found, restaurant operators face draconian penalties which include not only unpaid back wages, but liquidated damages (up to 100% of the monies owed), civil penalties, interest, and the employees’ attorneys’ fees incurred.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Small Employers Face Compliance Crackdown
One giant target for federal enforcers is worker misclassification. Basically, that’s when you pay somebody as an independent contractor, thus avoiding the need to withhold payroll taxes, rather than as an employee. The new federal budget hands the U.S. Department of Labor an extra $25 million to pursue misclassification miscreants in a joint effort with the Treasury Department.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
The Pitfalls to Avoid With Wage and Hour
Unfortunately, the Mass. Wage Act and the federal Fair Labor Standards Act and their accompanying regulations are highly technical laws that carry many pitfalls for the unwary. Even employers who are conscientious about treating their employees fairly can run afoul of requirements of which they are unaware, potentially exposing both their companies and themselves to severe penalties. The purpose of this article is to alert small-business owners to some common mistakes employers make when attempting to implement the Massachusetts and federal wage-and-hour laws.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
DOL for FLSA Compliance is Targeting Denver Restaurants
The industry typically pays relatively low wages and employs workers who may not be aware of their rights under the FLSA, or how to complain when those rights are violated,” he said. “Many of them are recent immigrants to this country and may not speak English; some of them are simply young and new to the workforce.
. Garnett & Associates
Human Capital Management
1-888-884-3910
