Holding On, Loosely: Incentives for Employee Retention

Let’s talk about problems with retention bonuses and overtime—as if finding qualified workers wasn’t tough enough. According to the most recent report from the Bureau of Labor Statistics, nonfarm employment rose by 428,000 in April 2022. However, some sectors are still struggling and “now hiring” or “help wanted” signs are everywhere. As a result, many…

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DOL Overtime Claims Are on the Rise

The U.S. Department of Labor (DOL) is recovering an increasing amount of damages in overtime claims as it goes after employers that are misclassifying workers or miscalculating overtime. The Biden administration has signaled a shift in focus away from compliance and toward enforcement. One of the earliest indications of that shift was the termination of…

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Department of Labor to Add 100 Wage and Hour Investigators

The U.S. Department of Labor will add 100 investigators to support its Wage and Hour Division, the agency announced Feb. 1. Investigators will conduct investigations to ensure workers are receiving their full wages, promote compliance through outreach and public education programs and aid in efforts to fight against worker retaliation and the misclassification of workers…

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Automatic Gratuities Aren’t Tips Under the FLSA, 4th Cir. Says

Automatic gratuities are not tips as defined by the Fair Labor Standards Act (FLSA), the 4th U.S. Circuit Court of Appeals ruled (Wai Tom v. Hospitality Ventures LLC No. 18-2509 (4th Cir. Nov. 24, 2020)). Though their hourly wage, tips and automatic gratuities exceeded the FLSA’s minimum-wage and overtime requirements, servers at a North Carolina restaurant…

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Labor Department Issues More Coronavirus-Related Workplace Guidance

As the COVID-19 crisis continues, the U.S. Department of Labor (DOL) has issued more guidance for workers and employers about their rights and responsibilities under federal leave and wage and hour laws. On July 20, the DOL added new questions and answers to pandemic-related issues under the Fair Labor Standards Act (FLSA), the Family and…

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Pay Parity: What Is It and How Does an Employer Get There?

Fair compensation requires both awareness and action………… Most HR leaders have heard disheartening statistics about the gender pay gap. PayScale, for example, reported in its Gender Pay Gap Report for 2020 that women make only $0.81 for every dollar men make. And the World Economic Forum has estimated that it will take more than 100…

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The Nitty-Gritty of the FLSA’s Overtime Requirements

Imagine a pet store fired one of its workers. The worker, whom we’ll call Rich, is upset — no more paycheck and no more playtime with the animals. He decides to sit down with an attorney, who probes him about how the pet store paid him. Rich made $11 an hour and generally worked 40…

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From Overtime to Meal Breaks, HR’s FLSA Handbook

We have compiled eight stories that encapsulate the most important pieces of recent FLSA news and highlight the insights pay professionals need to understand them. When employers run afoul of the Fair Labor Standards Act (FLSA), costly remediation can follow. In 2019, a judge ordered Steak ‘n Shake to pay $7.7 million in liquidated damages to the…

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