A new joint employer rule is on the table. The DOL's proposed standard could determine when your organization shares liability with another employer under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA) and the Migrant…
Fair Labor Standards Act (FLSA)
An Oregon restaurant recently learned a costly lesson about overtime and tip pool rules after a federal investigation found it had shortchanged 19 employees. The U.S. Department of Labor's (DOL) Wage and Hour Division investigated Taste of India 1, a…
An IHOP franchisee operating in North and South Carolina owes $95,095 in back wages after a DOL investigation found cooks were paid straight time for overtime hours. The agency has recently narrowed when it will pursue liquidated damages, which can…
Wage and hour litigation presents a recurring financial risk, with new data highlighting variability in employer exposure under the FLSA. A recent report from Seyfarth Shaw LLP provides benchmarks for assessing potential liability, forecasting legal spend and evaluating risk concentration…
A federal court found a worker had been misclassified and identified more than 800 hours of potential overtime. But the Fifth Circuit still upheld a jury verdict denying overtime pay. The case draws a clear line between compliance risk and…
A residential construction company in Idaho learned how payroll errors can quickly turn into significant financial exposure. After a federal wage-and-hour investigation, Speedy’s Framing LLC agreed to pay $293,698 in back wages to 56 employees, along with a $24,795 civil…
A Little Caesars franchisee will pay $409,457 for federal wage and hour violations, the Department of Labor (DOL) recently announced. The case shows how payroll mistakes turn into expensive liabilities when overtime calculations and recordkeeping controls fall short. Payroll Mistakes…
A Denver-area restaurant is paying nearly $62,000 after a DOL investigation uncovered tip retention and recordkeeping violations in violation of the Fair Labor Standards Act (FLSA). The case shows how a tip dispute can expand into broader wage-hour liability once…
If someone qualifies as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), is an exempt classification mandatory? The Department of Labor (DOL) recently confirmed that an exempt classification isn’t a must, even if an employer is…
The U.S. Department of Labor’s Wage and Hour Division recovered $17,311 in back wages and assessed civil penalties against a Rowland Heights, California restaurant after finding multiple violations of the Fair Labor Standards Act, according to a Dec. 19 press…
A California roofing and painting contractor will pay more than $320,000 after federal investigators found overtime violations tied to unrecorded work hours, the U.S. Department of Labor (DOL) announced. An investigation by the DOL’s Wage and Hour Division found Howard…
California’s latest misclassification penalty provides a costly reminder: Once contractor oversight starts resembling employee management, financial risk lands squarely on the books. When regulators conclude a company has operational control over contractors, liabilities escalate rapidly – moving penalties and back…
