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Department of Labor Releases Updated Guidelines for Paying Tipped Employees
Department of Labor Releases Updated Guidelines for Paying Tipped Employees
There has been much controversy in recent years over the Department of Labor's (DOL) so-called 80/20 rule, under which an employer is required to pay a tipped employee the full minimum wage for non-tip-producing work if the employee performed such work for over 20% of...
| June 9, 2023
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Fake Managers: The Strategic Use of Titles to Avoid Overtime Payments
Fake Managers: The Strategic Use of Titles to Avoid Overtime Payments
The overtime laws make a distinction between managers and non-managers. But the threshold set by the government to be considered a manager is fairly low, giving employers the chance to exploit the rules and assign artificial managerial titles to regular workers. This, in turn, allows...
| April 17, 2023
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Nearly $10 Million Awarded for Lowe’s Hourly Managers Cheated Out of Compensation for “Off-the-Clock” Work
Nearly $10 Million Awarded for Lowe’s Hourly Managers Cheated Out of Compensation for “Off-the-Clock” Work
A common employer tactic is to assign work tasks to employees while they are “off the clock” - that is, to tell workers to perform their job duties either before or after their shifts. Of course, this amounts to nothing more than wage theft by...
| March 7, 2023
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Coffee Baristas Recover $300k for Improper Handling of Tips
Coffee Baristas Recover $300k for Improper Handling of Tips
An investigation confirmed that Kentucky-based Heine Brothers Coffee was improperly handling tips paid to employees by allowing managers to take a portion of the tips. The incident is noteworthy both in the sum of money paid and the fact that such practices often go on...
| February 20, 2023
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How Bonuses Affect An Employee’s “Regular Rate of Pay” for Overtime Purposes
How Bonuses Affect An Employee’s “Regular Rate of Pay” for Overtime Purposes
As a general matter, employees who are covered by the Fair Labor Standard Act’s (FLSA’s) overtime provisions must be paid time and a half for all hours worked over 40 during a week. That means non-exempt workers are entitled to be paid one and a...
| February 13, 2023
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