Posts by Buckley Bala Wilson Mew LLP
Where do employers make the most wage and hour mistakes?
Federal law, the Fair Labor Standards Act (FLSA), along with numerous state and local regulations, provide wage and hour regulations employers must follow. However, the laws are constantly updating and evolving, resulting in some fairly common wage and hour mistakes. One of the leading areas where employers make errors is failing to pay employees the requisite…
Read MoreReverse Race Discrimination Lawsuit Alleges NBC Wrongfully Terminated Band Members
A new lawsuit by two NBC workers asserts “reverse” racial discrimination. The employment law case asserts that two white workers were wrongfully dismissed on the basis of their race. Allegedly, the men were fired due to “misplaced blame” and retaliation after two white and one Black member of a band that plays on a late…
Read MoreProposed 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 MoreWhat is a joint employer?
The Supreme Court has just announced its decision denying review of the recent 4th Circuit Court test for determining who is a joint employer. Whether a company/individual is a joint employer is a significant issue for many businesses and means that it may be possible to hold related businesses liable for each other’s illegal employment…
Read MoreMajority of women in computer related jobs report discrimination
A new report published by Pew Research determined that 3 out of 4 women in computer related jobs reported experiencing discrimination at work, compared to 16% of men. The types of discriminatory actions varied, with roughly one-third of participants reporting that they earned less than a man doing the same job, while others indicated that…
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 MoreSexual Harassment and the Gender Pay Gap
According to recent statistics, a substantial wage gap exists between men and women. For the last two decades, the gap has sat at around 20%, with men earning roughly one-fifth more than women. In some situations, where pay disparity exists, it may be possible to show sex discrimination. For example, if you are able to…
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 MoreChief Justice Roberts announces initiative to address sexual harassment
With heightened scrutiny being paid to sexual harassment and discrimination at the work place, Chief Justice John Roberts Jr. has announced that the federal judiciary will take steps to ensure that its employees are protected from harassment and discrimination. The Chief Justice notes that the judiciary is “not immune” to such behavior. Last month Judge…
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