As Littler Mendelson's Garry Mathiason says, 'There are always some surprises from the Supreme Court.'
Before embarking on a campaign to require that your employees sign away their participation in collective actions, you might want to wait for the 6th Circuit to have its say on the issue.Read More
Despite a recent ruling, if an employee you have classified as exempt complains about overtime pay, do not assume it is safe to retaliate.Read More
The claims forming the bulk of these numbers include: misclassification of employees, alleged uncompensated 'work' performed off the clock and miscalculation of overtime pay for nonexempt workers.Read More
Paychecks and timesheets are neither a ploy nor a tactic. Instead, most employers are well-intentioned but ignorant of the myriad, twisted rules and regulations that govern why, when, to whom, and how much overtime is to be paid.Read More
The ruling states that under the FLSA, employees are entitled to overtime pay for any hours worked in excess of 40 hours per week. In both cases, plaintiffs had claimed they were misclassified as exempt employees and denied overtime pay.Read More
If you think you can rely on a legal technicality as a defense against retaliation, think again. The deck is stacked against you.
I remain convinced, as I've pointed out before, that I can walk into any company and find a wage-and-hour violation. Read More
Employers can minimize the chances of litigation by taking steps that include periodic audits to determine whether employees are being properly classified, as well as careful record-keeping.
Because of the court's trend in expanding protection against retaliation, employers need to be cautious when disciplining employees who have made complaints about FLSA violations.