Possible Conflict between FLSA vs. Oregon Law on Deductions from Final Paychecks

Earlier this week, the Ninth Circuit Court of Appeals affirmed a decision from a California District Court holding that an employer did not violate the Fair Labor Standards Act (FLSA) when it withheld wages from employees’ final paychecks to repay outstanding balances due on credit cards guaranteed by the employer.  The Court explained that since the… Continue reading Possible Conflict between FLSA vs. Oregon Law on Deductions from Final Paychecks

DOL Action Reminds Employers Not to Misclassify Employees as Independent Contractors

Do you use independent contractors in your business?  Have you done any analysis to confirm that the individuals you call independent contractors are not employees?  Regardless of your answer, a recent Department of Labor announcement is a reminder that correcting employee misclassification continues to be priority for the DOL. The DOL announcement concerns a partnership… Continue reading DOL Action Reminds Employers Not to Misclassify Employees as Independent Contractors

Automatic Deductions from Pay for Meal Breaks

On October 7, 2013, the U.S. Supreme Court refused to review a decision of the Sixth Circuit Court of Appeals that has important implications for employers who automatically deduct wages for meal breaks from employees’ pay. In White v. Baptist Memorial Health Care Corporation, the plaintiff sought overtime based on time allegedly worked during her… Continue reading Automatic Deductions from Pay for Meal Breaks

Minimum Wage and Overtime for Domestic Service Workers

Beginning in January 2015, many direct care workers, including certified nursing assistants, home health aides, personal care aides and other caregivers employed by home care agencies and other third party employers, will be entitled to minimum wage and overtime pay as a result of a new rule issued by the Department of Labor.  Generally, the… Continue reading Minimum Wage and Overtime for Domestic Service Workers

Owner Liability for Misclassification of Employees as Independent Contractors, Again

Last week, an Ohio federal court found that a defunct cable company improperly classified 250 cable installers as independent contractors and that the company owed these individuals $737,133 in back wages for unpaid overtime. The installers were found to be employees, not independent contractors, and thus entitled to overtime pay for weeks in which they… Continue reading Owner Liability for Misclassification of Employees as Independent Contractors, Again

DOL Improperly Changed its Mind on Exemption for Mortgage Brokers

When determining whether employees in particular jobs are exempt from overtime under the Fair Labor Standards Act (FLSA), many employers look to, and rely on, opinion letters issued by the Department of Labor.  Back in 2006, the DOL issued an opinion letter in which it determined that mortgage loan officers fell within the administrative exemption… Continue reading DOL Improperly Changed its Mind on Exemption for Mortgage Brokers