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It’s a sobering realization, says attorney Kara Shea, that DOL statistics show 73 percent of its investigations result in findings of violations, but you can push the odds in your favor. Shea, who is a member of Nashville-based law firm Miller & Martin PLLC, made her remarks at BLR’s Advanced Employment Issues Symposium, held recently […]
Huddle House, Inc. has agreed to pay more than $60,000 to 128 employees and to step up compliance with wage and hour laws. In addition, Labor Department officials assessed $48,317 in civil money penalties for repeat and child labor violations. The Labor’s wage and hour investigations were initiated under a multiyear enforcement initiative focused on […]
The U.S. Department of Labor (DOL) is focusing “an enormous amount of attention” on misclassifying workers as exempt, non-exempt, and independent contractors and is throwing significant resources at the problem, according to attorney Susan G. Fentin, who spoke at the recent Advanced Employment Issues Symposium in Nashville, Tennessee. Plus, the DOL and the IRS are […]
Employers have until Dec. 1 to comment on the (DOL)’s proposed child labor regulations for the agricultural sector. That’s one month longer than the original deadline of Nov. 1. The extension was published in the Federal Register Oct. 31. Released Sept. 2, these are DOL’s first revisions to child farm labor rules in 40 years. […]
A Hilton subsidiary has agreed to pay more than $715,000 in back wages to 2,645 workers in four states. The agreement comes in the wake of a Labor Department investigation into the handling of payment for work done before the start of a shift. Nonpayment of pre-shift work at heart of DOL investigation Hilton “profited […]
Teresa Murphy and David Wudyka have some ideas about how to make those conversations go a little better. Murphy is the principal consultant for HR Partner Advantage, an HR advisory firm based in Raleigh, N.C. Wudyka, SPHR, MBA, BSIE, is the founder and managing principal of Westminster Associates, a Massachusetts-based human resource and compensation firm. […]
Two new California state laws, signed by Gov. Jerry Brown Oct. 9, raise the stakes for companies that violate the state’s wage and hour laws. Assembly Bill No. 459, among the latest move by feds and the states to crack down on independent contractor abuse, prohibits willful misclassification of employees as independent contractors. The law […]
Companies that wrongly pay workers as independent contractors, rather than employees, strip workers of benefits and protections and put responsible employers at a competitive disadvantage, according to Rep. Lynn Woolsey, D-Calif., who this week proposed increasing penalties on employers found to have misclassified workers. Woolsey’s bill, The Misclassification Prevention Act, (HR 3178) is the most […]
The Forces of ‘Sameness’ Many factors have created the strong pull towards sameness in compensation: Talent shortages in 1996-1999, 2004-2007 Greater availability of data More effective tools to manage data comparisons Regulations and government scrutiny (Why do you pay the way you do? The easy answer is we do it like everyone else, Kochanski says.) […]
Unless they protect themselves, employers using unpaid interns risk running afoul of the Fair Labor Standards Act and state labor laws. Indie movie spinoff Fox Searchlight (a division of Twentieth Century Fox) has been slapped with a lawsuit by two interns who worked on the set of the award-winning film, Black Swan. In Eric Glatt […]