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Wage and Hour Archives

Don't Be Caught In The Middle of A Wage Dispute: Here's What To Avoid

Wage disputes caused by improper employee classifications are in the spotlight again. This time the Department of Labor (DOL) focus was on the classification of food truck managers as salaried versus hourly employees. Upon review of the allegations, the DOL sided with employees, requiring restaurant chain Clover Food Lab to pay $79,337 in back wages and fines. The company's owner, Ayr Muir, contends that his business has always done its best to stay "on the up-and-up" and did not intentionally misclassify employees. Despite his strong objection, Muir has no recourse short of a cost-prohibitive lawsuit against the DOL. Here's his side of the story.

The U.S. Department of Labor's Wage and Hour Division Has Released Three Opinion Letters

Employers and workers both have a great deal more clarity on some issues following three opinion letters recently released by the U.S. Department of Labor (DOL). This practice, which is back in force again after a 7-year hiatus, provides the department's opinion on the interpretation of the law when presented with a specific set of facts.

Know The Law: Is it Legal To Give Company-Wide Bonuses Instead of Overtime?

When business is booming, it's definitely a cause for celebration. As things start to get busier, asking your employees to pick up some extra hours is a common practice. You may be planning on rewarding your staff with a company-wide bonus, but if you intend to do this in lieu of overtime pay, you need to think again.

Should National Minimum Wage Standards Vary By Region?

The first minimum wage law was passed in Massachusetts in 1912. Since that time, the legality, logistics, and effectiveness of a minimum wage have been hotly debated. There is a new push to change the one-size-fits-all minimum wage regulations in favor of a more flexible, and possibly more effective, regional minimum wage.

The Trump Administration's Department of Labor Is Changing The Way Employers Distribute Tips and Restaurant Workers Aren't Happy

Recently proposed changes to the handling of tip distribution may create major issues for restaurant employees. In July of this year, the Department of Labor (DOL) announced its intention to reverse current Fair Labor Standards Act (FLSA) rules expressly prohibiting the pooling of tips with anyone other than a valid pool of other tipped employees. These regulations, which went into effect in 2011 under the Obama administration, clearly designate tips as the property of the employees who earned them. As such, employers are prohibited from using this money for anything other than minimum wage tip credit.

Florida Minimum Wage Set To Increase Jan 1, 2018: What Employers Should Know

Since the Florida minimum wage law was passed in 2004, Florida employers are responsible for keeping up with both state and Federal regulations. On January 1, 2018, the minimum wage in Florida is set to increase. Here's what you need to know.

"Raise The Wage" Battles Roars On, But How Will It Affect Florida?

The "Fight for 15" movement has seen a lot of action over the past few years, and that action has helped to raise the wages of many people in areas around the country. In Florida, though, attempts to raise wages have had mixed results, but not necessarily for the reasons you might think.

Raising Minimum Wage and Implications for Employers

What's going on with minimum wage? Employers must be aware that there is somewhat of a discrepancy between the federal minimum wage and the cost of living in 2016. This past Sunday, July 24, was the seventh year that the federal minimum wage has remained the same, even with the increased cost of daily expenses. The cost of living has risen 12% since 2009, leaving the actual value of minimum wage crashing to the ground. This is a huge step down from the days before Reagan, when the minimum wage started to fall. In 1968 minimum wage was at its highest. If we look at the dive from that peak, the value has dropped more than 25%.

New Overtime Law Offers Employers Opportunities for Change

Have you heard about the new Department of Labor Law's Overtime regulations? Effective December 2016, employees earning less than $47,476 are entitled to earn overtime. Raised from the previous $23,660 annually, this ruling dramatically widens the circle of employees that should be earning time and a half after 40 hours a week. This re-evaluation of overtime procedures is now slated to be increased every 3 years; rather than resist the changes occurring, employers should put a plan into place now for when the law takes full effect later.

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Danz Law, PLLC
11011 Sheridan Street
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Cooper City, Florida 33026

Toll Free: 866-640-1080
Phone: 954-406-7535
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