Back in December, we wrote about a case involving the Chicago Police Department, in which officers alleged that they were owed additional overtime for time spent responding to calls and messages on their Blackberry devices, but which they failed to report in accordance with Police Department procedures. The court ruled for the City, holding
Automatic Meal Period Deductions and the FLSA [Wage and Hour FAQ]
As you know, under the FLSA, “bona fide meal periods” are not regarded as work time and can be unpaid. For a break to qualify as a bona fide meal period, “[t]he employee must be completely relieved from duty for purposes of eating regular meals,” and the break must generally be at least
IRS Announces Impending Tighter Enforcement of Employer-Provided Meals, Fringe Benefits
Internal Revenue Code § 119 allows employers to deduct 100% of the value of meals provided to employees when they are for the convenience of the employer, and they are furnished on the business premises of the employer. Meals provided for “the convenience of the employer” are also excludable from the employee’s taxable income. However
Department of Labor Press Release Highlights Heightened Scrutiny of “Per Diem” Payments
Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors. The DOL found that Hutco “mischaracterized certain wages as ‘per diem’ payments and impermissibly excluded these wages when calculating overtime premiums
Six Days on the Road and I’m Gonna Park My Truck to Comply with State Laws Tonight
My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal hours of service laws (though I’m pretty sure that, eyes open wide
Three Square Meals er…Breaks – Why You Should Never Round Breaks [Wage & Hour FAQ]
If an employee clocks in from lunch at 12:25, do you round that time to 12:30? Unlike the beginning and end of a workday, rounding meal breaksLactation Discrimination Against Nursing Mother Violates Title VII
Guest Blogger: Mark Wilkinson
In 2012, the EEOC published its strategic enforcement plan in which the agency identified its priorities for the years 2013 to 2016. The EEOC listed accommodating pregnancy-related limitations as an emerging issue and a national priority on which it intended to focus. That focus has already paid dividends for the agency
When does the FLSA require pay for meal periods? [Wage & Hour FAQ]
Q. A company provides employees with a 30-minute unpaid lunch break. An employee, who is a smoker, has asked if she can take two 5-minute unpaid smoking breaks – one in the morning and one in the afternoon – and reduce her unpaid lunch break to 20 minutes. Is this allowed?
A. No. Under the
DOL’s iPhone App Needs An Update
On May 9, 2011, the U.S. Department of Labor proudly announced its new time-tracking app for the iPhone, which Secretary of Labor Hilda Solis touted as an “invaluable” tool for the Wage & Hour Division in cases where employers failed to keep accurate records. The announcement certainly got the attention of blogging labor and employment law bloggers – see below for a few of the many posts on this.
Ironically, the app that’s designed to allow hourly employees to keep track of their hours and pay doesn’t accurately calculate either in accordance with the Department of Labor’s regulations. Continue Reading DOL’s iPhone App Needs An Update