Wage and Hour Claims
Proposed changes to tip rules may deprive workers of significant earnings
The Department of Labor (“DOL”) has announced that it plans to change some of the parameters concerning tipped employees, including the use of tip pools. The new policy would allow employers to pool tips as long as the employees earn minimum wage. Thus far, no announcements have been made concerning how the tips will be…
Read MoreFLSA Opinion Letters Re-Issued
Late last week, the Department of Labor has reinstated nearly 20 “opinion letters” that had been published during the Bush Administration, but not been followed during the Obama years. These opinions serve as guidance to employers on how the DOL will enforce certain aspects of federal labor law, the Fair Labor Standards Act (FLSA). The…
Read MoreLabor Department Revises Intern Test
The Department of Labor (DOL) has just announced that it has adopted a stricter test for determining which workers are “employees” vs. “interns,” and thus eligible for pay and other benefits associated with employment. Previously, the DOL followed a six-part test to determine how a worker should be classified. This test focused on a variety…
Read MoreNew Year will usher in a pay raise for many low wage earners
For many minimum wage earners, January 1, 2018 will mean higher pay. 18 states and numerous localities are raising their minimum wage for the new year. Unfortunately, despite efforts to increase the federal minimum wage, legislators have still kept it at a low $7.25 an hour. The states expected to raise minimum wage include: Alaska,…
Read MoreCan year-end bonuses replace overtime pay?
With the holidays upon us, many of Georgia’s workers have received or will be receiving end of the year bonuses. In most cases this is cause to celebrate. However, what if that “bonus” is paid but overtime hours earned are not? Can bonuses be paid in place of overtime compensation? In general – bonuses and…
Read MoreDepartment of Labor Proposes Changes to Tip Pool Rules
The Department of Labor (DOL) has just announced that it is going to revisits tip pools. Currently, tip pools are highly regulated with the requirement that only those workers who typically earn tips are able to participate in the pool. This typically excludes managers, but also hourly cooks and dishwashers – “back of the house”…
Read MoreCan an hourly employee legally be denied overtime pay?
Federal wage and hour law, the Fair Labor Standards Act (FLSA), provides that non-exempt workers are entitled to receive overtime pay at a rate of one and one-half times their standard rate of pay for all time spent working in excess of 40 hours in any one work week. This simple statement raises several questions.…
Read MoreWhat Constitutes a “Living Wage” in Georgia?
The Fair Labor Standards Act (FLSA) provides that workers must be paid at least minimum wage and that non-exempt workers receive overtime pay at a rate of one and one-half times their standard rate of pay for all time worked in excess of 40 hours in any workweek. The current federal minimum wage is $7.25/hour.…
Read MoreWhat labor laws apply if you’re a seasonal employee?
With the holiday season nearly upon us, many retailers and other businesses are gearing up for the rush by hiring seasonal employees. Many times, these are temporary positions, and employers/employees may not be aware of the various wage and hour claims that may arise. For example, it’s important to ensure your classification is correct, whether…
Read MoreRemote workers may be entitled to overtime pay
With the increased use of laptops, cell phones and technological advances, more and more workers are working remotely. This may be a formalized agreement or simply a logical extension of the day (catching up on email from home, or while on the train). Much research has shown that enabling remote work has positive benefits – saving employers…
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