As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles. First, states and private businesses pushed back. In late September, 21 states jointly filed a lawsuit in the Eastern District of Texas asking that the court block the DOL
Wage & Hour
NLRB Revises Back Pay Formula
In a 3-1 ruling, the National Labor Relations Board (“Board”) recently revised its back pay formula and radically departed from its traditional remedy for compensating employees who have been unlawfully terminated. The Board’s ruling now supports employees’ rights to recover search-for-work and interim employment expenses, regardless of whether the employees have interim earnings and regardless…
PAGA Amendments Not the Solution Employers Need
By Jessica Schoendienst on
California employers hoped for significant changes following Governor Brown’s budget proposal that called for the Labor and Workforce Development Agency (LWDA) to have more oversight of claims made under the Private Attorneys General Act of 2004 (PAGA). The budget proposal noted that the departments tasked with investigation and enforcement of the Labor Code has never…
Beware – Reporting Wage & Hour Violations Just Got Easier
The California Labor Commissioner Launches New On-Line Reporting System
On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’ alleged labor law violations. According to the Labor Commissioner’s Press Release, the new online reporting system is simple to use and enables the Labor…
Restaurant’s Fee Deduction Program Violates FLSA
By Labor & Employment on
Posted in Employment Contracts and Agreements, Wage & Hour
Employers whose workers earn most of their compensation through tips, such as restaurant employees, know that they walk a fine line to ensure compliance with the Fair Labor Standards Act (“FLSA”) and numerous other laws. Last month the Fifth Circuit rejected a program instituted by a restaurant operator in Texas that deducted certain fees before…