Federal and State Laws Articles

Understanding FLSA minimum wage provisions

Employees that fall under both federal and state minimum wage laws are entitled to receive the higher rate of pay.

Bank sued for alleged time and attendance violations

A lawsuit recently filed in Texas federal court alleges that financial institution BBVA Compass violated the Fair Labor Standards Act (FLSA) by failing to adequately compensate its mortgage banking officers (MBOs) for overtime employee attendance.

Connecticut weighs minimum wage hike

Connecticut is considering time and attendance legislation changes that would raise the state's minimum wage.

Subway franchisee faces time and attendance lawsuit

A franchisee for restaurant chain Subway was recently sued by the United States Department of Labor for alleged violations of federal time and attendance legislation.

Is it possible to sue for FLSA and state labor law violations simultaneously?

A 2011 decision from the United States Court of Appeals for the Second Circuit shed light on whether employers can be sued for violating both the federal Fair Labor Standards Act (FLSA) and state labor laws.

Explaining unpaid internship exemptions from the FLSA

Companies in a range of industries offer internship programs to help give aspiring professionals hands-on experience in their chosen field.

Texas janitors sue for wage violations

Three companies were recently sued in San Antonio federal court by janitors alleging they were not paid in accordance with the Fair Labor Standards Act, the Seguin Gazette reports.

Unpaid Harper's Bazaar intern seeks compensation

A recent lawsuit involving fashion publication Harper's Bazaar called the magazine's publisher into question for potentially violating time and attendance legislation, the Chicago Tribune reports.

California overhauls firefighter time and attendance policies to address unequal pay

Provisions in the contracts of California firefighters means they often take home more than their bosses, according to the Sacramento Bee. This recently led to a decision to boost pay for managerial positions in an effort to fill vacancies.

Judge conditionally certifies overtime lawsuit

A United States District Judge recently conditionally certified a class action time and attendance lawsuit against Houston-based Mostyn Law Firm, Texas Lawyer reports.

Texas city approves time and attendance settlement

The city of Plano, Texas, recently approved a settlement in a time and attendance lawsuit involving several public works employees, according to the Louisville Leader.

Hawaii lawmakers consider minimum wage hike

Hawaii's House Committee on Labor and Public Employment heard testimony earlier this month on a time and attendance proposal that would raise the state's minimum wage by one dollar.

Judge to rule on police time and attendance settlement

A U.S. District Judge is set to rule on a time and attendance lawsuit settlement levied against the city of Denver by approximately 850 current and former police officers, the Denver Post reports.

The origins of the FLSA

Most people know that the Fair Labor Standards Act (FLSA) sets time and attendance requirements for employers pertaining to minimum wage, compensation for overtime employee attendance, record-keeping and youth employment.

Requirements for using the tip credit

The Fair Labor Standards Act does not permit employers to take workers' tips for any reason other than than to make up the difference between the required cash wage of $2.13 and the federal minimum wage of $7.25, which is known as the tip credit.

Navigating the tipped employee minefield

Workers employed in tipped professions are frequently awarded back wages and overtime pay after Department of Labor investigations or court cases determine their employers violated the requirements set by the Fair Labor Standards Act (FLSA).

Restaurant sued for time and attendance violations

The United States Department of Labor recently sued a San Rafael, California, restaurant for allegedly committing repeated violations of time and attendance legislation.

Three of 'Big Four' accounting firms face overtime lawsuits

KPMG, Deloitte and PricewaterhouseCoopers are three of the "Big Four" international professional services firms, along with Ernst & Young.

Hotel workers file suit over alleged time and attendance violations

Indianapolis hotel workers recently filed a time and attendance lawsuit against 10 major hotel chains and human resources company Hospitality Staffing Solutions (HSS) over alleged wage and hour violations.

Potential minimum wage increases afoot in New York, New Jersey

New York City Mayor Michael Bloomberg recently proposed increasing the state's $7.25 minimum wage by $1 an hour to bring workers' earnings more in line with the current cost of living.

New Mexico county sued for alleged overtime violations

A federal class action lawsuit was recently filed against New Mexico's Valencia County Commission, accusing the county of violating time and attendance legislation, the Valencia County News-Bulletin reports.

California car washes settle time and attendance lawsuit

A group of eight California car washes sued for time and attendance violations recently agreed to pay more than $1 million in back wages to their workers.

The ramifications of the time and attendance lawsuit against KPMG

Professional services firm KPMG was recently sued for time and attendance violations for allegedly misclassifying thousands of entry-level audit workers as exempt from overtime provisions set by the Fair Labor Standards Act.

Examining time and attendance legislation in Minnesota

Nearly 100,000 of Minnesota's 1.5 million hourly wage earners took home $7.25 or less for each hour of employee attendance, according to Minneapolis-based nonprofit news site MinnPost.

Washington restaurant industry adapts to new minimum wage

Restaurateurs in the state of Washington are trying to deal with a recent change in time and attendance legislation that makes the state's minimum wage the highest in the country, the Edmonds Patch reports.

Adequately compensating short-term work in California

For companies based in California, the need to comply with the state's complex time and attendance legislation is an everyday reality.

KPMG faces time and attendance lawsuit

Professional services firm KPMG was recently sued for the misclassification of thousands of entry-level audit workers, denying them proper overtime wages.

Paid sick leave law takes effect in Connecticut

A law affecting paid sick time accrual went into effect in Connecticut on January 1, making the state the first in the nation to mandate paid sick leave.

A history of paid sick leave legislation

Connecticut recently became the first state in the nation to enact a mandatory law that guarantees eligible employees the right to earn paid sick time.

Demystifying California's complex time and attendance laws

California's employee time and attendance laws and meal and break regulations impose strict restrictions on employers.

Steak 'n Shake sued over alleged time and attendance violations

Two employees of restaurant chain Steak 'n Shake recently filed a class action lawsuit against the company in a Georgia federal court, alleging it failed to comply with federal time and attendance regulations.

California Supreme Court: Claims adjusters exempt from overtime laws

California's Supreme Court recently reversed a state appellate court's 2007 ruling that claims adjusters are nonexempt from earning overtime employee attendance compensation.

Common FLSA violations

Some violations of the Fair Labor Standards Act are deliberate, and typically motivated by companies' desire to save money.

Investigation reveals Oklahoma city's FLSA violations

Following an investigation by the United States Department of Labor's Wage and Hour division, the city of Frederick, Oklahoma, has agreed to pay more than $60,000 to 29 current and former employees for violations of time and attendance legislation.

Observing FLSA record-keeping requirements

The Fair Labor Standards Act is best known for setting rules pertaining to minimum wage, overtime pay and youth employment.

Overtime employee attendance dispute continues in Arizona county

An ongoing dispute related to overtime employee attendance compensation recently garnered a hefty back pay award, but the issue isn't resolved yet, according to the Arizona Republic.

Legislative time and attendance changes to affect 1.4 million low-wage workers

Minimum wage will rise in six states as of New Year's Day, affecting more than 1.4 million people.

Defining 'hours worked' under the Fair Labor Standards Act

Eligible employees who are on the job for more than 40 hours in a work week are entitled to receive overtime compensation at a rate of at least one-and-a-half times their usual pay.

Healthcare worker sues over alleged time and attendance violations

A Mesquite, Texas, healthcare worker recently sued her employer over alleged violations of time and attendance laws, according to the Southeast Texas Record.

Apple employees file suit over alleged FLSA violations

Virtual at-home call center Apple employees recently filed a class action time and attendance lawsuit against the company, alleging it deliberately misclassified them as independent contractors in order to save money.

Exotic dancers sue for overtime, minimum wage

Several exotic dancers are suing Texas-based Jaguars Gold Club for alleged time and attendance violations.

Former employee sues over FLSA violations, unfair termination

A Texas dry cleaning company was recently sued by a former employee for alleged overtime violations, according to the Southeast Texas Record.

Employment practices not covered by the FLSA

The Fair Labor Standards Act (FLSA) lays out regulations about minimum wage, overtime, record-keeping, youth employment standards and other time and attendance provisions.

Payroll records reveal nurses' excessive employee attendance

Payroll data compiled by Bloomberg News revealed that 42 of California's state nurses made more than $1 million between 2005 and 2011, largely through overtime employee attendance.

Home care worker overtime could have unintended consequences

President Barack Obama is advocating the extension of overtime and minimum wage protections to workers in the home care industry, but some industry groups warn that the move may backfire, KSEE-TV reports.

Bill proposes inclusion of home care workers in time and attendance provisions

The Obama administration recently proposed extending overtime and minimum wage protections to employees in the home care industry.

Common problems with the FLSA's overtime requirements

Nonexempt employees must be compensated for working more than 40 hours in one week at a rate no less than time-and-a-half of their regular pay.

The most confusing aspects of time and attendance legislation

The Fair Labor Standards Act lays out regulations about minimum wage, overtime, record-keeping and youth employment standards that must be followed.

Bill would exempt IT professionals from overtime

A recently introduced bill would redefine time and attendance legislation by limiting information technology workers from claiming time-and-a-half for overtime employee attendance.

Bank sued for overtime violations

East Texas-based Great Western Financial Services bank was recently sued by a former employee for violating the Fair Labor Standards Act's overtime regulations, according to the Southeast Texas Record.

Explaining the minimum wage

The Fair Labor Standards Act lays out federal minimum wage provisions for covered, nonexempt employees.

Overtime - an overview

Organizations that don't observe federal time and attendance regulations may face costly lawsuits. Companies can avoid litigation by ensuring they have a thorough grasp of overtime legislation.

California farm settles time and attendance lawsuit

A group of Fresno County farm workers will receive nearly $500,000 in compensation after their employer violated federal time and attendance legislation, according to the Fresno Bee.

ZipRealty settles time and attendance wage case

Real estate company ZipRealty recently reached a $586,000 settlement in a time and attendance case involving four of its agents.

Morgan Keegan sued for unpaid overtime, wrongful termination

Morgan Keegan & Company and its parent company, Regions Financial Corporation, were recently named in a time and attendance lawsuit by a former administrative assistant.

Department of Labor finds numerous FLSA violations at New Jersey gas stations

The United States Department of Labor recently announced that its continuing investigation into time and attendance violations within the New Jersey gas station industry has recovered more than $1 million for nearly 300 workers.

Explaining holiday pay legislation

As the holiday season approaches, employers should ensure they're familiar with the paid vacation provisions of federal time and attendance legislation.

Texas workers' rights groups draw attention to wage theft

In an effort to bring visibility to the issue of wage theft, workers' rights groups in Texas have declared a Week of Action, according to the Public News Service.

Oracle settles time and attendance lawsuit

Oracle recently agreed to a $35 million settlement of a class action time and attendance lawsuit involving more than 1,700 of its California workers.

Oilfield services company sued for time and attendance violations

A former oilfield services company technician has filed suit against his ex-employer, claiming he was fired for complaining about time and attendance violations, the Southeast Texas Record reports.

British Columbia increases minimum wage

Christy Clark, the premier of British Columbia, announced an end to the province's decade-long wage freeze earlier this year.

Kentucky city comes to a crossroads in firefighter overtime debate

The question of whether Kentucky cities must pay several years' worth of overtime employee attendance back wages is yet to be resolved, the Commonwealth Journal reports.

Los Angeles settles with former police officer over employee attendance investigation

The Los Angeles City Council recently approved a $3.2 million settlement with an L.A. Police Department officer regarding his involvement in a time and attendance lawsuit, according to the Los Angeles Daily News.

Department of Labor launches FLSA compliance investigation in Georgia

Over the next month, the Department of Labor will be investigating restaurants in northeast Georgia to ensure they are in compliance with time and attendance laws.

Defining split shift regulations in California

A time and attendance lawsuit in California raised the question of whether overnight shifts qualify for split-shift pay, BLR reports.

California Supreme Court rules on time and attendance case

In August, a California court ruled against an attorney who claimed he was improperly exempted from state time and attendance regulations while working as a law clerk.

Time and attendance lawsuit brought against Orthodox Union

A National Conference of Synagogue Youth chapter adviser recently filed a class action lawsuit against the Orthodox Union, alleging her employer violated federal time and attendance regulations.

Texas railing company sued for time and attendance violations

A former employee of Lewisville, Texas-based Viva Railings recently sued the architectural and hardware company for violating the Fair Labor Standards Act, according to the Southeast Texas Record.

California governor to crack down on pension spiking

California Governor Jerry Brown recently introduced a comprehensive overhaul of the state's pension system in a bid to drastically reduce costs and address time and attendance manipulations.

Restaurant chain to issue employee attendance back pay

Georgia-based restaurant chain Huddle House recently agreed to pay more than $60,000 in back wages to 128 employees following a Department of Labor investigation that uncovered widespread noncompliance of Fair Labor Standards Act provisions.

Upcoming time and attendance changes to the California Labor Code

Assembly Bill 592 and Senate Bill 299, which are set to go into effect in 2012, make a number of additions and amendments to the California Labor Code.

AT&T faces overtime employee attendance lawsuit

A class action suit involving 200 AT&T front-line managers in Connecticut is scheduled to go to trial later this month, according to the Hartford Courant.

Tennessee contractor to pay nearly $100,000 in back wages

Fort Scott, Kansas-based contractor Mid-Continental Restoration was recently ordered to pay more than $99,000 in employee attendance back pay to 47 workers at its Murfreesboro, Tennessee, location.

Turkey plant contests fine for violating employee attendance compensation laws

Earlier this year, Texas-based Hill Country Farms was ordered to pay $1.76 million in overtime back wages and damages for repeatedly violating time and attendance compensation requirements.

Realtor sued by California for employee attendance compensation infractions

The labor commissioner of California recently filed a $17 million lawsuit against real estate company ZipRealty, claiming that it failed to observe state and federal time and attendance regulations.

San Francisco enacts wage theft legislation

San Francisco, California, recently enacted a wage theft law that bolsters the city's ability to investigate violations of employee time and attendance laws that are particularly prevalent in low-wage industries.

Judge denies KFC overtime back pay settlement

A U.S. District Judge recently ruled that a time and attendance lawsuit brought against a KFC franchise in Florida by a former assistant manager cannot be dismissed.

Verizon faces time and attendance litigation

Earlier this month, Verizon workers in the New York North West area claimed the company refused to pay time-and-a-half to union workers who racked up overtime employee attendance by repairing telephone lines in the wake of Hurricane Irene.

California Supreme Court to rule on claims adjuster overtime exemption

Next month, the California Supreme Court will determine whether compensation claims adjusters are entitled to overtime pay.

Georgia restaurant chain to pay $104,000 in back wages

Following an investigation by the Wage and Hour Division of the United States Department of Labor, a Fayetteville, Georgia-based restaurant chain was ordered to provide 230 workers with more than $100,000 in back wages.

Video game developed sued for alleged FLSA infractions

Video game publisher, developer and distributor Take-Two Interactive is currently embroiled in a time and attendance lawsuit after a former employee sued the company over its employee attendance policies.

Workers who lose overtime cases may have to cover employer's court fees

Workers who sue on the grounds of alleged time and attendance legislation violations are responsible for paying their employer's legal fees if they lose the case, according to a precedent-setting decision by the California Court of Appeal.

Explaining federal break and meal time legislation

Employers are not required by federal time and attendance law to offer employees short rest periods during the work day.

"Babysitter bill" causes conflict in California

A bill that is currently pending in the California State Senate would require mandatory breaks and minimum wage pay to be given to all domestic employees, including nannies, housekeepers and babysitters.

Texas law firm sued over time and attendance compensation

Houston-based Mostyn Law Firm, which has offices throughout Southeast Texas, was recently sued by one of its paralegals for allegedly violating overtime provisions set by the Fair Labor Standards Act.

The importance of avoiding FLSA violations for startups

The costs associated with a lawsuit over time and attendance pay can sink a small business. Despite this, violations of the wage and hour provisions of the Fair Labor Standards Act are common among startups.

Californian Starbucks employees file overtime lawsuit

Starbucks recently found itself embroiled in a class action lawsuit related to employee attendance compensation.

Florida restaurants cited for incorrect employee overtime exemption

Two Jacksonville, Florida-based Mexican restaurants were recently ordered to pay 30 employees nearly $1 million in employee attendance back wages and liquidated damages following an investigation by the U.S. Labor Department.

Connecticut restaurant owner fined, ordered to pay back wages to employees

The United States Labor Department recently recovered more than $23,000 in minimum wages and overtime back pay following a second investigation of Goodfellas Cafe - a restaurant in New Haven, Connecticut.

California appeals court overturns law clerk overtime ruling

The First District Court of Appeal in San Francisco, California, recently ruled against an attorney who sued his former firm on the grounds that he was improperly exempted from overtime regulations set by state legislation while working as a law clerk.

Texan cable installer sues over alleged FLSA overtime violation

A Texan cable installer recently filed a lawsuit against his former employer, alleging that the company deliberately misclassified him to avoid paying him extra for his overtime employee attendance, according to the Southeast Texas Record.

Missouri company agrees to pay overtime back wages

Following an investigation by the Missouri Labor Department's Division of Labor Standards, Franklin County-based Spray Services recently agreed to reimburse workers for more than $24,000 in unpaid overtime.

Texas car delivery company sued over worker misclassification

A lawsuit was recently filed against Texas-based M.S.J.E. Enterprises alleging that it misclassified its workers as independent contractors, wrongly exempting them from minimum wage and overtime requirements dictated by the Fair Labor Standards Act.

Thousands of Kinder Morgan employees to receive overtime back pay

Pipeline transportation and energy storage company Kinder Morgan recently agreed to pay more than $830,000 in overtime back wages to nearly 4,700 of its current and former workers.

AT&T sued for deliberate employee misclassification

A class-action lawsuit was recently filed against AT&T on behalf of at-home virtual call center employees in the Northern District of California.

Texas hurricane cleanup workers receive overtime back pay

The United States Department of Labor recently recovered more than $100,000 in overtime back wages for 57 Hurricane Ike cleanup workers who had been inaccurately classified as independent contractors by their Anahuac, Texas, employer.

Kindergarten teacher sues for overtime back pay and wrongful dismissal

A former Texas kindergarten teacher recently filed a lawsuit against the company alleging that she was fired for complaining about not being awarded the correct overtime compensation, according to the Southeast Texas Record.

Las Vegas Sands sued in overtime dispute

A lawsuit was recently filed against the Las Vegas Sands Corporation and its CEO, Sheldon Adelson, alleging that nine security agents and a driver on its payroll had not been paid overtime in accordance with provisions set by the Fair Labor Standards Act.

Citizens Bank sued for overtime back pay

A former Citizens Bank assistant branch manager recently filed a class-action law suit against the bank on behalf of the more than 200 people who held her position at Citizens branches in Massachusetts since March 2008.

Farmers Insurance to pay workers $1.5 million in back wages

California-based Farmers Insurance recently agreed to pay more than $1.5 million in overtime back wages to nearly 3,500 employees at 11 of its customer service call centers in six states.

Texas company to repay workers after FLSA violations

Following an investigation by the United States Department of Labor, C and K Supply has agreed to pay more than $433,000 in minimum wage and overtime back wages to 124 current and former workers.

New York restaurant chain agrees to record-breaking overtime back pay

New York City-based sandwich chain Lenny's recently reached a $5.1 million agreement with the Department of Labor regarding overtime back pay.

Ashley Furniture to reimburse former, current workers with overtime back pay

The owner of Ashley Furniture HomeStores in Lubbock, Texas, recently agreed to pay more than $57,000 worth of back wages to 170 current and former employees of the company's Texas locations.

Texas Child Protective Services sued over FLSA violations

A recent investigation into the Texas Department of Family and Protective Services' Child Protective Services' time and attendance policies found that employees are owed more than $1 million in back overtime wages.

The complexities of the FLSA

In a recent webinar for M. Lee Smith Publishers, McAfee & Taft employment law and labor relations attorney Charles S. Plumb offered insight into the intricacies of the Fair Labor Standards Act.

Louisiana delivery company to pay more than $271k in overtime back wages

A Hammond, Louisiana-based commercial delivery service company has agreed to pay $271,303 in overtime back wages to more than 100 of its current and former employees after being found in violation of the Fair Labor Standards Act, reports KATC-TV.

Orange County lifeguard earnings questioned

A recent Newport Beach, California, report on lifeguard pay in 2010 found that all but one of the 14 full-time lifeguards on the city's payroll made more than $100,000.

Proposed San Francisco legislation to enforce minimum wage

San Francisco Supervisor David Campos recently proposed new legislation to crack down on employers who pay their workers less than minimum wage, according to the San Francisco Appeal.

California employers may owe up to two hours' pay for skipping employee breaks

In the first appellate-level case to address denying break requirements to employees, the California Court of Appeals ruled that workers can recover up to two hours of pay for each day that they were not allowed to take the meal and rest breaks.

New York fair workers could lose overtime under proposed legislation

The New York state legislature is presently considering a law that would exempt fairs and their vendors from having to pay overtime to employees who work more than 40 hours per week, according to the Syracuse Post-Standard.

Los Angeles restaurant agrees to pay back wages to workers

A Thai restaurant in the Westchester area of Los Angeles recently agreed to pay more than $162,000 in overtime back wages to employees who worked up to 12 hours a day and were paid as little as $45, according to the Los Angeles Times.

Complex state regulations a factor in California's employment struggles

Companies are choosing to grow their businesses in states such as Texas rather than having to face California's complex tax and regulatory issues, according to the Sacramento Bee.

Theft prevention act becomes law in New York

The New York Wage Theft Prevention Act, which was passed last December, has recently gone into effect in the state. The act requires employers to comply with a set of new rules designed to prevent them from stealing from workers.

Arizona imposes two-year employer tax increase

Arizona Governor Jan Brewer recently signed legislation that will impose a surcharge on what companies pay in unemployment insurance after the state's unemployment trust fund went broke over a year ago.

Some workers may be entitled to overtime pay despite not receiving it

Confusion about overtime laws is leading to some employees being exploited, according to WTVT-TV.

New York courts will close earlier to reduce overtime

In response to state budget cuts, New York judges were recently told to shut down their court rooms half an hour earlier to decrease overtime for courthouse staff and personnel, according to The New York Times.

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