Tag Archives: Department of Labor

Reminder to U.S. Employers to Update FLSA Posters

The U.S. Department of Labor (DOL) has updated its poster for “Employee Rights Under the Fair Labor Standards Act.” The new poster adds information on lactation breaks and worker (mis)classification.  Additionally, the DOL has made its new poster tech-friendly by including a scannable QR code which takes employees directly to the DOL website.  The poster … Continue Reading

Department of Labor Joins the Joint Employer Discussion

On Wednesday, January 20, the U.S. Department of Labor (DOL) issued an administrator’s interpretation [pdf] that includes guidelines for when companies should be considered “joint employers” under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).  The joint employer debate has been gaining steam over the past year.  … Continue Reading

FMLA Celebrates 20 Years with Expansion

Most employers are well aware of the Family and Medical Leave Act (FMLA) provisions which entitle qualifying employees to twelve weeks of unpaid, job-protected leave each year for certain events such as: the birth or adoption of a child; care for an immediate family member with a serious health condition; or the employee’s own serious … Continue Reading

California State Form Creating Concern About “At Will” Status of Employees

A new model wage disclosure form issued by the California Labor Commissioner may create ambiguity about whether individuals are employed “at will” or under a contract requiring good reason for termination.  The problem arises in the wake of the state’s Wage Theft Prevention Act which went into effect on January 1, 2012.  The law requires … Continue Reading

Employers Proceed with Caution During Unemployment Proceedings

As reported by the Department of Labor [pdf], the unemployment rate remains high.  Employees who lose their jobs cannot easily find a new job resulting in more individuals filing for unemployment compensation. Many employers desire to contest unemployment claims while keeping costs down by utilizing the company’s managers or human resources department to handle the unemployment proceedings.  However, in … Continue Reading

Black Swan Interns Spotlight Failure to Pay Minimum Wage

On September 28, two unpaid interns who worked on the movie “Black Swan” filed suit in federal court in New York against Fox Searchlight Pictures claiming unpaid wages, penalties and interest on behalf of themselves and 100+ other interns who also worked on the film.  The interns allege they performed accounting and janitorial duties and … Continue Reading

California Poised to Raise the Stakes for Misclassifying Employees as Contractors and Failure to Pay Wages Properly

The California legislature passed two new laws employers should not ignore.  SB 459, now awaiting Governor Brown’s signature to go into law, imposes additional penalties against employers who are found to have willfully misclassified independent contractors.  Willful misclassification is defined as “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as … Continue Reading