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DOL Increases Wage & Hour Enforcement

By |2017-02-02T17:50:36+00:00September 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 |2009-09-03T08:52:08+00:00September 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 |2009-08-26T09:11:45+00:00August 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 [...]

Are Insurance Agents Employees or Independent Contractors

By |2009-06-26T08:15:22+00:00June 26th, 2009|Categories: Wage & Hour|Tags: , , , |

A recurring problem in wage and hour law is trying to distinguish between employees, who are are protected by the law, and independent contractors, who are not.  The issue has arisen again, this time in the form of a class action filed in California against Northwestern Mutual Insurance.  As reported by the National Law Journal, [...]

Holiday Overtime

By |2009-01-14T13:55:33+00:00January 14th, 2009|Categories: Wage & Hour|Tags: , , |

A  question recently sent to us asks why the writer was unable to get his employer to pay for "overtime" worked on Christmas and New Year's Day.  As a point of general information, the right to overtime arises only after 40 hours are worked in one week.  If the time spent working on holidays does [...]

3rd Circuit Prohibits Private Suits for FICA Overpayments

By |2017-02-02T17:51:10+00:00October 1st, 2008|Categories: Employment Law News, Wage & Hour|Tags: , , , |

Our friends at the Adjunct Law Prof Blog bring to our attention an important employment tax decision from the US Court of Appeals for the 3rd Circuit.  The case deals with an employee's attempt to recover an alleged overpayment of FICA tax from her employer.  The case is Umland v. PLANCO Financial Services. Here's the short [...]

FedEx Independent Contractor Litigation

By |2008-04-16T05:00:00+00:00April 16th, 2008|Categories: Employment Law News, Wage & Hour|

We've posted before on a burgeoning issue of employment law --- so-called independent contractor litigation.  In essence, the cases claim that in some circumstances workers are treated by their employers as independent contractors are in fact employees of the company.  The issue is not just a matter of definition, but has important consequences in the real world [...]

Radio Shack Overtime Settlement: Wage Issues Continue to Plague Business

By |2007-11-20T10:10:24+00:00November 20th, 2007|Categories: Wage & Hour|

Radio Shack is the latest big company to get caught in the web of federal and state overtime regulations.  The Dallas Morning News reports that Radio Shack has just concluded a settlement with a class of plaintiffs consisting of about 4,000 Radio Shack store managers.  The settlement calls for payment of $8.8 million to the [...]

Wage & Hour – The Way Things Are

By |2007-09-28T08:15:15+00:00September 28th, 2007|Categories: Wage & Hour|

Here's an article from Business Week, via MSNBC, that neatly explains how huge amounts of money are changing hands in wage and hour litigation brought under the Fair Labor Standards Act and coordinate state laws.   Whether you are with a business that wants to avoid wage problems, or are an employee with a wage problem, this article is well [...]

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