See Savage v. UNITE Here, 05 Civ. 10812, 4/17/08, SDNY (Judge Swain)
-independent judgment and discretion vital to union mission, nonmanual nature of work recognized
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Contact the Workplace Lawyer at bryandglass@gmail.com for assistance.
Audits
1. What do I do if I get an audit notice from the US Dept of Labor?
2. What do I do if I get an audit notice from the State Dept of Labor?
3. Can I get audited both by the federal and the state DOL?
4. Can the DOL investigate all of my wage and hour practices?
Deductions
1. Can I deduct loans I gave to employees from their salary?
2. Can I deduct monies for accidents from an employee's salary?
3. Can I make deductions from an employee's salary?
4. What is a safe harbor?
Litigation
1. How long can my employee claim unpaid overtime or minimum wage?
2. Will I have to pay attorneys fees to the employee's attorney?
3. What is a Rule 68 offer of judgment?
4. What are liquidated damages?
5. What does a "willful" violation mean?
Minimum Wages and Salary
1. What is the minimum wage?
2. Are there any exemptions from minimum wage?
3. Do I have to pay minimum wage if my employees get tips?
Misclassification
1. Can I classify my employees as independent contractors in order to avoid paying taxes?
2. What steps can I take to designate someone doing services for me as an independent contractor rather than employee?
Overtime
1. Do I have to pay overtime to all of my employees?
2. Is it a maximum number of hours per day or per week?
3. What are the exemptions from overtime?
4. Can I require my employees to work overtime?
5. Do I have to pay overtime if my employees worked overtime without my consent?
6. Can I give employees compensatory ("comp") time instead of paying overtime?
Payroll and Recordkeeping
1. How long do I have to keep payroll records for my employees?
2. What do I need to show on payroll records?
3. Can I pay my employees cash?
4. Do I need to use a timeclock or timesheets?
Tipping
1. Can I require my employees to share tips with others on the job?
2. What is tip pooling?
3. What is the minimum wage if my employees get tips?
Working Hours
1. Do I have to give my employees meal breaks?
2. Do I have to give employees rest breaks?
3. Do I have to pay my employees for meal breaks and rest breaks?
4. How long do the breaks need to be in order not to be paid?
5. Do I have to pay for time when my employees commute to work?
6. Do I have to pay for time when my employees get ready for their shift?
7. Do I have to pay for time when my employees are merely "on call"?
8. Do I have to pay for time when my employees sleep during their shift?
9. Do I have to pay for time when my employees live in the client's home?
Contact the Workplace Lawyer at bryandglass@gmail.com for assistance.
This blog is devoted to issues arising under the Fair Labor Standards Act and state wage and hour laws.
About Us
- Bryan D. Glass, Esq.
- New York/New City, NY, NY/NJ, United States
- This website is maintained by Bryan Glass, Esq.. Please visit us at www.teacherslawyer.com, email us at bglass@ghnylaw.com, or call us at 212-537-6859, or fill out our intake form at www.ghnylaw.com for assistance.
12 Difficult Wage and Hour Compliance Issues for Employers
- administrative exemption (insurance adjusters, team leaders, financial ees, inspectors, investigators, purchasing agents, examiners, executive assistants)
- blackberry/cellphone use
- deductions from salary
- joint employer/temporary ees
- meal and rest breaks
- misclassification as independent contractors
- off the clock work
- overtime
- telecommuting
- tip pooling/sharing
- travel time
- waiting and on call time
Wage and Hour Terminology
- administrative exemption
- bonuses (nondiscretionary v. discretionary)
- commission sales
- companionship exemption (nursing homes, home health aides)
- computer professional exemption
- creative professional exemption
- deductions from salary
- domestic service worker exemption
- donning and doffing time
- executive exemption
- Fair Labor Standards Act
- highly compensated employee exemption
- joint employer liability
- learned professional exemption
- local delivery employee exemption
- meal breaks
- minimum wage
- minister exemption
- motor carrier exemption
- on call time
- outside sales exemption
- overtime
- Portal to Portal Act
- professional exemption
- rest breaks
- retail sales exemption
- salary basis
- sleeping time
- spread of hours
- taxicab exemption
- tip pools
- travel time
- uniform reimbursement
- volunteer status
- waiting time
Common Questions for Employers
Contact the Workplace Lawyer at bryandglass@gmail.com for assistance.
Audits
1. What do I do if I get an audit notice from the US Dept of Labor?
2. What do I do if I get an audit notice from the State Dept of Labor?
3. Can I get audited both by the federal and the state DOL?
4. Can the DOL investigate all of my wage and hour practices?
Deductions
1. Can I deduct loans I gave to employees from their salary?
2. Can I deduct monies for accidents from an employee's salary?
3. Can I make deductions from an employee's salary?
4. What is a safe harbor?
Litigation
1. How long can my employee claim unpaid overtime or minimum wage?
2. Will I have to pay attorneys fees to the employee's attorney?
3. What is a Rule 68 offer of judgment?
4. What are liquidated damages?
5. What does a "willful" violation mean?
Minimum Wages and Salary
1. What is the minimum wage?
2. Are there any exemptions from minimum wage?
3. Do I have to pay minimum wage if my employees get tips?
Misclassification
1. Can I classify my employees as independent contractors in order to avoid paying taxes?
2. What steps can I take to designate someone doing services for me as an independent contractor rather than employee?
Overtime
1. Do I have to pay overtime to all of my employees?
2. Is it a maximum number of hours per day or per week?
3. What are the exemptions from overtime?
4. Can I require my employees to work overtime?
5. Do I have to pay overtime if my employees worked overtime without my consent?
6. Can I give employees compensatory ("comp") time instead of paying overtime?
Payroll and Recordkeeping
1. How long do I have to keep payroll records for my employees?
2. What do I need to show on payroll records?
3. Can I pay my employees cash?
4. Do I need to use a timeclock or timesheets?
Tipping
1. Can I require my employees to share tips with others on the job?
2. What is tip pooling?
3. What is the minimum wage if my employees get tips?
Working Hours
1. Do I have to give my employees meal breaks?
2. Do I have to give employees rest breaks?
3. Do I have to pay my employees for meal breaks and rest breaks?
4. How long do the breaks need to be in order not to be paid?
5. Do I have to pay for time when my employees commute to work?
6. Do I have to pay for time when my employees get ready for their shift?
7. Do I have to pay for time when my employees are merely "on call"?
8. Do I have to pay for time when my employees sleep during their shift?
9. Do I have to pay for time when my employees live in the client's home?
Contact the Workplace Lawyer at bryandglass@gmail.com for assistance.
Posts
Why Wage and Hour Compliance is Important
The following companies have been sued over wage and hour compliance issues over the past year:
Affiliated Computer Systems (unpaid mandatory rest breaks, call center workers, Washington)
American Coach Lines (drivers, Florida)
AT&T (overtime, meal and rest periods, California)
Best Buy (delaying wage payment on termination, inadequate wage statements)
BP Products (overtime, gas station cashier, 48-hr workweek)
Caribou Coffee (illegally skimming tips)
Charter Communications (overtime)
Chili's (meal breaks, California)
Cintas (overtime, inaccurate records)
Comcast (misclassification, overtime)
Dell (misclassification of call center workers)
DHL Express (delivery worker, overtime)
Enterprise Rent a Car (overtime, moving vehicles)
Expedia (misclassification as independent contractors, failure to pay workers comp and unemployment benefits, Web content editor, Massachusetts)
Family Dollar (overtime, Florida, managers)
Fastenal (assistant GMs, overtime)
Food City (9th Circuit, fair pay across stores)
Gannett (overtime, misuse of executive exemption, sales employees, Florida)
Genesco (shoe retailer)
Goodyear (overtime)
Gristedes (overtime, misclassification of managers, NY)
Heartland Brewery (New Jersey class action)
Hofstra University (student employees, OT)
HSBC Mortgage Corp. (OT, meal and rest periods, unlawful deductions)
ING (class action, OT and benefits pursuant to severance)
Kmart (unpaid meal and rest periods)
McDonalds (overtime, Florida, asst mgr, meal and rest breaks)
Pfizer (overtime, misuse of outside sales exemption, "must make sales", unpaid meal and rest breaks, pharmaceutical sales representatives, New York)
Polo Ralph Lauren (failure to provide rest breaks or to pay off the clock work, failure to pay uniform allowance, failure to maintain accurate payroll records, cashiers and sales associates, California)
Ross Stores (misclassification, asst store managers, OT)
Safety Kleen (meal and rest breaks, failure to itemize wage statements)
Santa Sweets (tomato grower, farmworkers claim bilked out of full wages)
Sprint Nextel (sales employees, OT)
Starbucks (uniform allowance)
Toyota (assembly line workers, OT)
Tyson Foods (multidistrict class action)
Verizon (overtime, Blackberry/email on the clock work, customer service representative personal acct mgrs, joint employer, Florida)
Walmart (meal and rest breaks, Minnesota)
Winn-Dixie Stores (overtime, misuse of executive exemption, center store managers, Florida)
Affiliated Computer Systems (unpaid mandatory rest breaks, call center workers, Washington)
American Coach Lines (drivers, Florida)
AT&T (overtime, meal and rest periods, California)
Best Buy (delaying wage payment on termination, inadequate wage statements)
BP Products (overtime, gas station cashier, 48-hr workweek)
Caribou Coffee (illegally skimming tips)
Charter Communications (overtime)
Chili's (meal breaks, California)
Cintas (overtime, inaccurate records)
Comcast (misclassification, overtime)
Dell (misclassification of call center workers)
DHL Express (delivery worker, overtime)
Enterprise Rent a Car (overtime, moving vehicles)
Expedia (misclassification as independent contractors, failure to pay workers comp and unemployment benefits, Web content editor, Massachusetts)
Family Dollar (overtime, Florida, managers)
Fastenal (assistant GMs, overtime)
Food City (9th Circuit, fair pay across stores)
Gannett (overtime, misuse of executive exemption, sales employees, Florida)
Genesco (shoe retailer)
Goodyear (overtime)
Gristedes (overtime, misclassification of managers, NY)
Heartland Brewery (New Jersey class action)
Hofstra University (student employees, OT)
HSBC Mortgage Corp. (OT, meal and rest periods, unlawful deductions)
ING (class action, OT and benefits pursuant to severance)
Kmart (unpaid meal and rest periods)
McDonalds (overtime, Florida, asst mgr, meal and rest breaks)
Pfizer (overtime, misuse of outside sales exemption, "must make sales", unpaid meal and rest breaks, pharmaceutical sales representatives, New York)
Polo Ralph Lauren (failure to provide rest breaks or to pay off the clock work, failure to pay uniform allowance, failure to maintain accurate payroll records, cashiers and sales associates, California)
Ross Stores (misclassification, asst store managers, OT)
Safety Kleen (meal and rest breaks, failure to itemize wage statements)
Santa Sweets (tomato grower, farmworkers claim bilked out of full wages)
Sprint Nextel (sales employees, OT)
Starbucks (uniform allowance)
Toyota (assembly line workers, OT)
Tyson Foods (multidistrict class action)
Verizon (overtime, Blackberry/email on the clock work, customer service representative personal acct mgrs, joint employer, Florida)
Walmart (meal and rest breaks, Minnesota)
Winn-Dixie Stores (overtime, misuse of executive exemption, center store managers, Florida)
Wage and Hour Compliance Issues for Employers
- Bonuses
- Commissions
- Compensatory Time
- Deductions
- Docking
- DOL Audits
- Exemptions (administrative, professional, executive, etc.)
- Hours Worked
- Independent Contractor Misclassification
- Joint Employer
- Leave Accrual
- Liquidated Damages
- Mandatory Overtime
- Meal Breaks
- Minimum Wage
- Minors
- Off the Clock Work
- Overtime Pay
- Payment Upon Termination
- Rest Breaks
- Sleeping Time
- Spread of Hours
- Tip Practices
- Training Time
- Unemployment
- Waiting Time
- Workers Compensation
- Written Policies
Departments of Labor Links
Blogroll
- Adjunct Professor Law Blog
- California Wage and Hour Law Blog
- flsa.blogspot.com
- Fox Wage and Hour Website
- IQovertime
- NJ Overtime Laws Article
- NYSDOL Wage and Hour Website
- Small Business Wage and Hour Advice Blog
- USDOL Opinion Letters
- USDOL Wage and Hour Calculator
- USDOL Wage and Hour Division Website
- Yezbak Wage and Hour Blog
Search Categories
- administrative exemption; union organizer
- apparel workers
- audits
- backpay
- bonuses
- child care workers
- deliverymen; cash tips
- executive exemption
- federal; compensable time; blackberry
- federal; compensable time; commuting
- federal; compensatory time
- federal; leaves and absences
- federal; overtime exemptions; EMTs
- flextime
- Florida; farm workers; substandard wages
- France; working hours
- home heatlh care workers
- illegal immigration
- joint employer
- layoffs
- meatpackers; immigration
- minimum wage; cost of living
- minister exemption
- Minnesota; rest breaks; off the clock work
- misclassification
- misclassifiction; independent contractor
- New Jersey; leaves and absences
- New York; bus drivers; overtime
- New York; domestic workers
- New York; nurses; mandatory overtime
- New York; overtime liability
- New York; security guards; substandard wages
- New York; workers compensation
- overtime liability
- overtime; minimum wage
- paid holidays
- pay discrimination
- restaurant workers
- retail sales exemption
- tip pooling
- tips; retaliation
- Utah; flextime
- waiters; tips
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