» Fair Labor Standards Act

A Tip of the Cap to the Department of Labor for Supporting Tipped Employees

The federal minimum wage is $7.25 an hour, but federal law allows an employer to take a “tip credit” of up to $5.12 an hour for a “tipped employee.” If the employer pays the tipped employee at least $2.13 an hour and the tippe… Read More
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Supreme Court Clarifies That Verbal Complaints Can Trigger Retaliation Protection

In a new ruling by the Supreme Court workers who complained to their superiors, even verbally, about the way they are paid now have strong retaliation protections that they can exercise. These protections can help them to be compensated if they are f… Read More
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Overtime Pay Lawsuit for Oppenheimer Stock Brokers: $2M Settlement Approved on Preliminary Basis

On March 28, 2011, Judge Barbara S. Jones, a Federal judge of the U.S. District Court for the Southern District of New York, preliminarily approved a $2 million class and collective action settlement for Creighton v. Oppenheimer & Co. Inc. et al.… Read More
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Real Tips for Tipped Employees

“Tipped employees,” such as restaurant servers and bartenders, are often paid a minimum wage of only $2.13 by their employer. The federal minimum wage is $7.25 an hour, but allows for a “tip credit” of up to $5.12 an hour for… Read More
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Time Clock Rounding: Is it Legal?

With the advent of electronic time clocks, employers have been able to track the hours employees work with greater accuracy and efficiency. However, the use of electronic time clocks and computers have also made it easier than ever for employers to m… Read More
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Health Care Overtime, "8 and 80 Rule"

Hospitals, nursing homes and other health care providers often do not pay employees overtime under the “8 and 80” rule that can apply to health care employees. Some health care employers, however, apply the “8 and 80” when it… Read More
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Pay Practices for Health Care Workers Under Investigation

Investigations of pay practices in the health care industry are ongoing across the nation. Many lawsuits have hit hospitals, nursing homes, and other health care providers concerning unlawful pay practices. Most of those lawsuits involve automatic pa… Read More
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Arizona Grower Fined 50k for Child Labor Violations

The United States Department of Labor has fined Nickerson Farms $48,000.00 for violations of the Fair Labor Standards Act child labor laws. DOL Investigators investigated the grower and determined that Nickerson Farms employed six children between Ju… Read More
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Kansas Labor Secretary and Other Legislators Discuss Misclassification, Wage Theft, and Independent Contractors

Jim Garner, Kansas Labor Secretary, spoke to a group in Wichita this past weekend regarding Kansas wage theft and wages that were wrongfully withheld from Kansas workers. Along with Garner, there were several federal and state labor officials as well… Read More
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US Supreme Court Hears Oral Arguments Regarding Anti-Retaliation Provisions of FLSA

On October 13, 2010, the United States Supreme Court heard oral arguments regarding whether informal, oral complaints are sufficient to invoke the protections of the Fair Labor Standards Act (FLSA) anti-retaliation provisions. The underlying case, Ka… Read More
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