FLSA
$46.5 million question: Employee or independent contractor?
The grocery delivery company Instacart has agreed to pay $46.5 million to settle a lawsuit that accused it of wrongfully classifying employees as independent contractors. San Diego City Attorney Mara Elliott sued Instacart in September of 2019, just three days after a state-law bill regulating so-called gig economy employers cleared the California Legislature. That bill, […]

Breaks, FMLA and nursing moms: Getting it all right with teleworkers
Breaks, the Family and Medical Leave Act (FMLA) and nursing moms — new guidance from the federal Department of Labor (DOL) helps employers make sure they are applying the rules correctly to teleworkers. In a Field Assistance Bulletin, the DOL addresses three important topics regarding teleworkers: Paying teleworkers properly, particularly with regard to break time […]

Costly mistake – court orders bakeries to pay nearly $1M in back wages, plus penalties
A Connecticut federal court has ordered three bakeries to pay nearly $1 million in back wages and damages to 74 employees to resolve violations of the Fair Labor Standards Act (FLSA). The suit was prompted by an investigation by the DOL’s Wage and Hour Division, which determined the three bakeries — Padaminas NY Bakery II, […]

Does that intern have to be paid? New ruling explains, applies test
A woman who participated in a county’s autopsy forensic photography program was not entitled to wages because she was an unpaid intern rather than an employee, a federal appeals court decided recently. In April of 2019, Brandi McKay began an internship with Miami-Dade County’s Medical Examiner’s Forensic Imaging Preceptorship Program. When she started, she understood […]

FLSA crackdown continues: DOL targets child labor violations
The U.S. Department of Labor (DOL) continues its crackdown on FLSA violations. Last week, we told you about million-dollar payouts for wage violations. This week, it’s child labor law violations. The latest proof: Four companies recently paid civil penalties, ranging from $15,504 to more than $1.5 million. As you probably recall, the DOL is responsible […]

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