After final arbitral award, a cost reimbursement contractor should have an opportunity to argue at the Board for the recovery the overtime backpay and other costs from the Federal government. There is no U.S. Department of Labor (“DOL”) procedures it has to exhaust first.
Read MoreGovernment service contractors working at federal facilities that have closed down for a day of mourning should review their contracts and wage determination(s) carefully and make sure they don’t cover events, like Presidential funeral closures, and if they do, follow them to get reimbursed, if possible for the cost of the day off.
Read MoreLook for President Trump to triangulate and try to reach compromises with the new House Democratic majority on the FLSA minimum wage and infrastructure bills. This means a moderate minimum wage increase, increased Davis-Bacon Act activity, and perhaps even a a push for family leave are coming into focus in the next Congress.
Read MoreBy changing the FLSA exemption interpretive rule from a “narrow construction” to a “fair reading” standard, the Supreme Court makes it all the more likely that employers have a better chance of prevailing in any exemption disputes.
Read MoreIt pays to carefully check the DOL regulations and, if necessary, get the advice of counsel when determining whether travel time is compensable for nonexempt staff.
Read MoreThe Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in Fiscal Year 2018.
Read MoreThe short answer is that a company that acquires all or substantially all the assets of another company and continues its operations — providing the same services in the same locations with the same employees and equipment — may be found liable for the wage-hour liabilities of the predecessor.
Read MoreIf employers don’t coerce or “require” employee participation in wellness programs, then the time spent therein is likely not working time under the FLSA or other federal wage and hour laws.
Read MoreDOL takes the position that “the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications, and work-related emails.” Thus, in DOL’s view, logging on and logging off tasks are compensable working time. Is DOL right? Well perhaps not, but who wants to fight it out?
Read MoreThe Contractor Minimum Wage goes up by 2.4%. It is, of course, an automatic increase mandated by President Obama Executive Order. The Trump Administration is no fan of minimum wage increases. No similar inflation adjustment happens to the FLSA.
Read MoreThe compensability of meal time periods depends on the facts as well as the jurisdiction you work in. There is a spilt amoung the circuits as to what it means to be completely relieve of duties such that no compensation is due.
Read MoreEmployers may owe overtime and even fringe benefits to their highly paid but hourly consultants and experts who are sporadically engaged.
Read MoreDOL announced a new pilot Payroll Audit Independent Determination (“PAID”) program, which allows self-reporting and is intended to expedite resolution of inadvertent overtime and minimum wage violations FLSA.
Read MoreEmployers who want to pay straight time rather than time and one-half premium overtime pay, can do so, albeit indirectly, if they structured their employment agreement accordingly.
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