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Creating a Sense of Preparedness - Human Resources Toolkit

Category: Articles

Creating a Sense of Preparedness - BizKeys Human Resources Toolkit

DOL Wage and Hour Division Targeted Enforcement – How Vulnerable Are You?

In July, I wrote “Wage and Hour is Increasing its Visibility and Ramping up FLSA Enforcement.”  This month’s article concentrates on the Wage and Hour Division (WHD) component of the DOL strategic plan.  Some employers are much more affected than others. Wage and Hour Division strategic planning invariably involves enforcement initiatives in targeted industries.  Employers…
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When a Wage and Hour Division investigation results in Fair Labor Standards Act (FLSA) violation assertions, what types of legal action may be initiated by DOL?

When a Wage and Hour Division investigation results in Fair Labor Standards Act (FLSA) violation assertions, what types of legal action may be initiated by DOL? By: Morris Jennings Wage and Hour Consulting Services Last month’s “OFF THE CUFF” discussed the most common factors that trigger litigation or administrative legal action by DOL. This article…
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Tips, Gratuities, and Service Charges – What are the FLSA Rules?

There has recently been publicity about IRS clarification of the differences between tips and service charges. Several articles indicate that prior IRS guidance was ambiguous. See http://www.irs.gov/irb/2012-26_IRB/ar07.html for the new IRS rule (Internal Revenue Bulletin 2012-26, June 25, 2012). The DOL position concerning service charges, for Fair Labor Standards Act (FLSA) purposes, has been clear for…
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NLRB STRIKES DOWN OVERBROAD RULES, NIXES SOCIAL MEDIA POLICY

A recent decision from the NLRB illustrates the importance of carefully reviewing work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice.  In Costco Wholesale Corporation, 358 NLRB No. 106 (2012), the NLRB reviewed several rules and policies in Costco’s employee handbook.  It…
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Seven FLSA Quirks – Unanticipated and Costly

Would it concern you to know that you might have individual responsibility forcompliance failures of your company? If you or your entity were to be sued for back wages, how would you feel about a six-year statute of limitations? What if a minimum wage or overtime suit accuses you of being a racketeer? Certain types…
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D.C. Circuit Court Enjoins NLRB on Posting Requirement

Yesterday we issued an Alert about the District Court in South Carolina ruling that the NLRB’s Poster Rule exceeded the agency’s authority and was, therefore, invalid.   We mentioned that there was a somewhat contradictory decision from the District of Columbia District Court that upheld the posting requirement, but struck down certain remedial aspects of the…
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Nonexempt Employees Paid on a Commission Basis-Common Overtime Mistakes

Nonexempt Employees Paid on a Commission Basis – Common Overtime Mistakes Overtime compensation is required irrespective of the method used to calculate wages.  That is “common knowledge.”  Yet, mistakes are made.  I have seen numerous occurrences of incorrectly computed overtime pay for commissioned employees.  It is also not rare for an employer to initially compute…
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Court Decision On NLRB’s Employee Rights Posting Requirement

COURT ISSUES DECISION ON NLRB’s RULE     REQUIRING POSTING OF NOTICE INFORMING EMPLOYEES OF THEIR RIGHTS                                                      BY: William G. Trumpeter, Esq.                                                              Miller& Martin PLLC                                                    btrumpeter@millermartin.com      The court’s ruling in the National Association of Manufactures v. NLRB,  Civil Case No. 11-1629(ABJ) (USDC DC March 2, 2012) challenging the NLRB’s Notice posting rule…
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“What’s the Big Deal about Independent Contractors, and Why Should I Care?’

  That is probably a question that many readers  are asking, with all of the publicity about DOL, IRS, and states cracking down on employers who treat workers as “contractors.”  There is a perception that this focus by enforcement agencies is new.  The joint effort and publicity are, in fact, new phenomena.  However, the DOL…
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“What happens if an employer desagrees with DOL findings…What triggers (initiates litigation”?

The U. S. Department of Labor (DOL) is authorized to initiate various types of litigation and other legal actions in order to ensure compliance with the Fair Labor Standards Act (FLSA) and other statutes that fall under the jurisdiction of the Wage and Hour Division (WHD). Enforcement options vary, depending on the specific law in…
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