Determining an employee’s overtime rate of pay can be tricky. The U.S. Department of Labor (DOL) recently found an employer owed over $1 million in back wages to employees in California and Kentucky for violations that included miscomputation of overtime pay rates. The employer failed to account for certain bonuses earned by nonexempt workers, and therefore paid overtime rates that were too low.Continue Reading Giving a Nondiscretionary Bonus? Check the Regular Rate Calculation

Among employers’ efforts to stay on top of numerous wage and hour issues, the rules surrounding child labor have long been considered irrelevant by many large employers because persons under age 18 did not make up a significant segment of their workforce. With acute labor shortages throughout the United States leading to more job openings than job seekers, particularly at the entry level, this is changing. On March 29, the U.S. Department of Labor (DOL) issued a press release to highlight some of its recent investigations and remind employers of regulations and limitations related to the employment of youth.
Continue Reading Department of Labor Warns Employers to Know the Rules for Putting Minors to Work

The U.S. Court of Appeals for the Fifth Circuit has ordered courts to discontinue using a “two-step” certification process where the first step customarily results in the distribution of notice of opt-in rights to putative class members.

The order affirmatively rejects the nearly “universal” approach of the 1987 New Jersey district court opinion, Lusardi v.