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After-Hours E-mail and the FLSA

By | October 6th, 2010|Categories: Wage & Hour|

Yesterday I read on Technolawyer a post written by Ed Zohn, a NJ attorney who writes frequently on law office technology.  Ed's thesis, with which I agree, is that many lawyers, in the quest for automated efficiency, have made themselves victims of TMT --- "too much technology." That is, we allow our automated tools to [...]

Wage & Hour Problems Happen to Lawyers, Too

By | March 18th, 2010|Categories: Wage & Hour|

I don't single out law firms for items to post about, but I'm still struck by how many of my posts over the years have involved the employment law problems of law firms.  You'd think that we'd all know better, wouldn't you? The fact that even members of the bar get themselves into trouble underscores [...]

A Lot of Kung Pao Chicken Indeed

By | November 17th, 2009|Categories: Wage & Hour|

Michael Fox at Jottings By an Employer's Lawyer reminds us that wage and hour litigation is an increasing problem for business.  The latest involves a $2 million (yes, "million") order to pay back wages and penalties to employees.  The offenders?  A husband and wife team who own 5 Chinese restaurants in Grandville, Michigan.  Mike's analysis [...]

Good Lawyering Makes a Difference in Wage & Hour Cases

By | September 25th, 2009|Categories: Wage & Hour|Tags: , , |

Mark Tabakman has an interesting post at Wage & Hour Developments & Highlights.  It demonstrates how creative lawyering, combined with common sense on the part of the client, can dispose of a problem quickly and cost-effectively. In a nutshell, the defendant employer (which seems clearly to have violated the Fair Labor Standards Act) was sued [...]

Alice’s Wages in Wonderland?

By | September 11th, 2009|Categories: Wage & Hour|Tags: , , |

Although we haven't been looking for them, wage and hour stories are prominent in the employment law news these days.  This one comes from Massachusetts, via Lee Sevier at the Wage & Hour - Developments & Highlights blog. Here a worker was misclassified by the employer as an independent contractor rather than an employee.  The [...]

DOL Increases Wage & Hour Enforcement

By | September 9th, 2009|Categories: Wage & Hour|

Labor Secretary Solis has announced that she will hire 250 new wage and hour investigators to hold business's feet to the fire to comply with minimum wage and overtime laws.  The text of her statement is here. The Secretary specifically referenced a new study that details many alleged deficiencies in compliance with the Fair Labor [...]

Makin’ Dough, Owin’ Dough to the Tax Man

By | September 3rd, 2009|Categories: Wage & Hour|

The Strategic HR Lawyer has a timely reminder that the government's quest for tax revenues affects every business.  They don't pursue just the big fish.  Read the post to learn how a New York pizzzeria with 24 employees is being pursued by the US Department of Labor for failing to pay time and a half for [...]

HR Basics 104: Waging Business by the Hour

By | August 26th, 2009|Categories: Wage & Hour|

We conclude our August series on HR basics with a look at what is probably the most-violated set of employment laws and regulations: wage and hour. Plaintiffs' lawyers routinely look for wage and hour violations, and more often than not find them.  And you think that your employees won't enlist legal help if they think [...]

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