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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Implications of COVID-19 on Your Health and Welfare Benefit Plans

Employers are grappling with employee benefit issues in response to the 2019 Novel Coronavirus (“COVID-19”). Efforts are being made to pave the way for widespread testing by eliminating cost barriers such as deductibles, copayments, coinsurance, or High Deductible Health Plan restrictions to ensure employees and their families are proactively being diagnosed once symptoms present, to…

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