Articles and Blogs

Wage and Hour

A Mixed Bag on Joint Employment Rulings, but the Future Looks Promising (Part I of II)


Posted on August 8, 2018 in HR Insights for Health Care

Published by: Hall Render

In the restaurant industry, it’s pretty common for fast food and sandwich shop operators—think Wendy’s, Chick-fil-A, Subway, etc.—to run their companies based on a franchise model. Under this model, which is somewhat analogous to a large corporation that has a main “corporate office” and satellite locations scattered around the country, the franchisor owns the... READ MORE

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Department of Labor Issues Three New Opinion Letters


Posted on May 14, 2018 in HR Insights for Health Care

Published by: Hall Render

The Department of Labor’s Wage and Hour Division recently issued three new opinion letters, the first new opinion letters published since 2010. Opinion letters are, according to the Department of Labor, “an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer,... READ MORE

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Court Gives Preliminary Approval to $6.255 Million Settlement in Class Action Wage and Hour Dispute


Posted on June 13, 2017 in HR Insights for Health Care

Published by: Hall Render

A federal district court in California recently gave preliminary approval to a $6.255 million settlement in a class and collective action wage and hour lawsuit against a California-based medical group. The proposed settlement class includes more than 1,300 registered nurses who provided advice and education to patients of the medical group through three call... READ MORE

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Using “Unpaid” Interns Serves as a $1.34 Million Lesson for Employers


Posted on October 27, 2015 in HR Insights for Health Care

Written by: Jonathon A. Rabin

All Work and No Pay A recent provisionally approved settlement in a wage and hour class and collective action case serves as an important reminder for employers of the risks and potential costs of hiring interns to perform work without pay.  In Tart et al. v. Lions Gate Entertainment Corp. et al, two plaintiffs... READ MORE

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DOL Says “Most Workers Are Employees,” Not Independent Contractors


Posted on July 17, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

On July 15, 2015, the U. S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts the broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

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New Executive Order Raises Minimum Wage for Federal Contractors


Posted on February 21, 2014 in HR Insights for Health Care

Written by: Jonathan C. Bumgarner

On February 12, 2014, President Obama signed Executive Order 13658, which raises the minimum rate of pay for federal contractors to $10.10 per hour.  The rate is subject to increases each year in relation to increases to the Consumer Price index.  This bold action by the president came after he was unable to convince... READ MORE

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Heads Up for CEOs and Others – Personal Liability for Overtime Violations


Posted on July 29, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

It doesn’t happen often but when it does it can be a very big deal – personally.  Because of how the term “employer” is broadly defined by the Fair Labor Standards Act (“FLSA”) (which deals with wages, hours and overtime), it has long been possible for a manager to be considered an “employer” and... READ MORE

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“No Class” – Court Rules for Employer in Meal Period Class Action


Posted on November 19, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The Court Turns the Tide of the Epidemic For several years now there has been a veritable epidemic of class and collective actions filed against employers claiming that employees were not paid for working through their meal periods.  These cases arose frequently where employees were subject to automatic meal period deductions of 30 minutes... READ MORE

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Employer Victory – FLSA Meal Period Litigation Collective Action Decertified


Posted on August 31, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Automatic meal period deductions – A common practice Some good news for employers.  In an important victory for employers, the U.S. Court of Appeals for the Sixth Circuit, in Frye v. Baptist Memorial Hospital, recently affirmed the decision of the Western District of Tennessee to decertify a collective action brought under the FLSA challenging... READ MORE

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I Didn’t Know They Were Working – Do I Still Have to Pay Them?


Posted on February 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Suppose one of your supervisory employees – for over eight years – clocked in 15 to 45 minutes before the start of her shift 5 AM early morning shift and spent most of that time doing tasks related to her normal duties.  Then, your employee sues you and claims that she has been underpaid... READ MORE

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