In this three-part article, California employment attorney Patrick Kitchin describes an economic-based approach to resolving wage and hour cases. His approach to case resolution is designed to conserve a company’s resources and minimize its exposure to future claims. In Part 1 Kitchin describes how employers can identify those cases that are best suited for prompt and confidential settlement.
What if your employer told you that you now have unlimited paid time off. Meaning, if you need to take time, that’s fine and we’ll pay for it. The only condition is that you must continue to meet your deliverables and the company’s expectations for performance. Would that seem like a great deal to you?
Hospitality employers sometimes wonder whether it's possible for individuals to participate in kitchen activities as unpaid interns or on a tryout basis, typically as chefs or cooks. Among the many questions this raises is whether such people would be "employees" who are subject to the federal Fair Labor Standards Act's requirements.
YIKES! Lady Gaga: Wage-and-hour lawyer's nightmare!
Lady Gaga has been sued for unpaid overtime by her former personal assistant, Jennifer O'Neill. (No relation to the beautiful star of Summer of '42.) Ms. O'Neill, who has claims under the federal Fair Labor Standards Act and New York state wage and hour law, says that she was at Ms. Gaga's beck and call 24/7 for about 15 months but was paid for only 40 hours a week. (She was paid an annual salary of $75,000.)
With the increasing emphasis the U.S. Department of Labor has been putting on errors in the application of the Fair Labor Standards Act (FLSA) it is important to understand how you may go wrong. Here are 5 of the most common wage and hour mistakes many employers make.