Benefit payments made to employees that require the employee to perform work must be included in the regular rate for determining the rate of overtime.
We see that at least one mega-industry is willing to shield its employees from the Cadillac tax and you have to ask, how can they do that?
As Garcia v. SAR Food of Ohio illustrates, if you fail to pay under these circumstances, you are taking a huge wage-and-hour risk.
The solution is to make FLSA compliance easier for employers by simplifying decades-old regulations.Read More
Do not assume that you need not pay overtime to employees who are paid other than hourly.Read More
For now, at least in the 6th Circuit, it appears that individuals waivers of the right to join wage-and-hour collective actions are dead.Read More
If a non-exempt employee works more than 40 hours in a week, you must pay them overtime. Period. No exceptions.Read More
If scholarship athletes are employees, then they are likely owed minimum wage and overtime. This case has huge implications beyond collective bargaining.Read More
The FLSA needs to be scrapped and rebuilt from scratch. Otherwise, a confusing system will be left in place that is unfair to both employers and employees.Read More
Education on the FLSA, not stronger wage-and-hour laws, will help prevent wage theft issues. Read More