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3 Things Employers Need to Know About Employee Classification: A Refresher Course Posted on: January 11, 2021 In: Labor & Employment
Congratulations! You and your business survived a global pandemic and one of the most challenging economic downturns in recent memory. The last year took a devastating toll on employees and business alike, and you may be looking to reconsider employee compensation and avoid litigation. As you look forward to bouncing back in 2021, here are three reminders for properly classifying employees.
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Tags:
employee classification, minimum salary, duties test, payroll, human resources
Cooks and Dishwashers Can Share in Servers’ Tips Under DOL Final Rule Posted on: December 29, 2020 In: Labor & Employment
On December 22, 2020, the Department of Labor (DOL) issued final rules for pooling tips among employees of hospitality businesses, an industry severely impacted by COVID-19. Where an employer provides the standard minimum wage, the final rule established by the DOL allows the employer to establish a tip pool that includes cooks, dishwashers, and other back-of-the-house employees who ordinarily are not permitted to share tips under the Fair Labor Standards Act.
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Tags:
dol, tips, minimum wage, hospitality, flsa, wage and hour, payroll
What Pennsylvania Employers Should Know About the New Overtime Regulations Posted on: December 07, 2020 In: Labor & Employment
For the first time in more than four decades, the Pennsylvania Department of Labor and Industry has modified the Commonwealth’s overtime regulations. These amendments, which became effective on October 3, 2020, raise the minimum salary threshold for overtime exemption. They also modify the definitions of executive, administrative, and professional employees to make them more consistent with the Fair Labor Standards Act. Employers should review these changes and adjust their overtime policies as necessary.
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pennsylvania, overtime, wage and hour, flsa, payroll
California Minimum Wage to Increase in 2021 Posted on: November 25, 2020 In: Labor & Employment
Employers in The Golden State should be aware of the new legal requirements that will impact their businesses starting next year. Big changes await businesses with California employees in 2021. On January 1, 2021, the minimum wage in California will increase. The wage increase will be dependent upon the number of persons employed by the employer.
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Tags:
california, minimum wage, payroll, employment law
Hands Off My Wages! Five Steps Employers Can Take to Comply With the Notice Requirements of California’s Wage Theft Protection Act Posted on: November 09, 2020 In: Labor & Employment
California’s Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. Here are five steps employers can take to ensure compliance with the notice requirements.
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Tags:
california, wage theft protection act, payroll, human resources, labor law
To Avoid FLSA Liability, Employers Should Use Actual Time Worked Posted on: October 29, 2020 In: Labor & Employment
Recent cases illustrate the exposure to liability under the Fair Labor Standards Act (FLSA) that employers can avoid by using actual time worked by employees to calculate overtime, instead of using techniques designed to approximate how much to pay employees based on estimated hours worked. These cases show that the benefits of short cuts may be outweighed by the exposure to liability, costs, and distractions of litigation created by lawsuits challenging such techniques to estimate time worked.
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Tags:
flsa, payroll, overtime, time keeping, 4th circuit
Fictitious Business Names on Wage Statements: An Invitation for Penalties in California Posted on: June 30, 2020 In: Labor & Employment
Complying with California law on wage statements can be tricky for employers. Pursuant to Labor Code Section 226(a)(8), wage statements must identify the employer’s legal name. An employer can comply with this requirement by listing either the legal entity name or a registered fictitious business name (dba) on the wage statement. Failing to do so can expose employers to extensive liability on a class-wide basis through a class action or Private Attorney General Act (PAGA) representative action.
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Tags:
california, fictitious business name, paga, payroll, wages
Work-From-Home: Five Tips to Avoid Overtime Liability Posted on: May 11, 2020 In: Labor & Employment
By now, the coronavirus pandemic has caused considerable disruption to most employers. In light of various restrictions imposed under various stay-at-home orders, many employers have been forced to adopt Work-From-Home (WFH) policies on the fly, without the benefit of preparation or advice from legal counsel regarding potential liabilities that these policies can involve.
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Tags:
work-from-home, overtime, payroll, covid-19, coronavirus
5 Tips to Avoid Wage & Hour Liability in California Posted on: June 26, 2019 In: Labor & Employment
Wage and hour litigation is an area of law that is incredibly nuanced, but incredibly important. Every California employer is faced with the daunting task of avoiding liability for wage and hour law violations. Fortunately, employers can greatly reduce the risk of exposure by following these five simple tips.
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Tags:
california, payroll, wages, compliance, overtime
A Guide To The Revised New Jersey Minimum Wage Law Posted on: March 26, 2019 In: Labor & Employment
New Jersey recently passed legislation to gradually increase its current minimum wage of $8.85 per hour to $15.00 per hour by 2024. Initially, the minimum wage will increase to $10.00 per hour on July 1, 2019. However, as with most laws, there are exceptions to the minimum wage increase schedule.
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Tags:
new jersey, minimum wage, payroll, tipped employees, seasonal workers, small employers
Collect Call-in? Posted on: March 07, 2019 In: Labor & Employment
Many employers ask that their employees be “on-call.” This usually means the employee is required to make a quick call to check-in to see if they have to come in to work. Most employers assume they don’t have to pay wages for that call, but in California, that widely held belief may be changing.
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Tags:
payroll, on-call, california, reporting-time, scheduling
4 Tips to Get the Most Out of Your Payroll Company Posted on: February 28, 2019 In: Labor & Employment
Payroll companies are often an invaluable resource in operating your business, but they can also be a source of frustration or, in the worst case scenario, potential legal exposure. Having worked with clients to help resolve payroll issues or defend litigation relating to payroll processing, we have a few helpful tips to ensure that your business is getting the most out of your payroll company and securing compliance with applicable employment laws.
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Tags:
payroll, wages, regulations, minimum wage, employment