wage & hour laws Archives

Tipped workers and the the 80/20 rule

The provisions of the Fair Labor Standards Act require most employers in Tennessee and across the country to pay their workers at a rate no less than the federal minimum wage. Workers who claim that their employers have violated these requirements are often able to support their allegations by providing documents like pay stubs and time sheets that may be difficult to refute, but these cases can be far more challenging when the workers involved are employed by a restaurant and are compensated partly in tips.

Unpaid work and the FLSA

Workers in Tennessee should not perform work that is not compensated or is not applied to overtime. Employers are generally required by the Fair Labor Standards Act to pay overtime to employees who work over 40 hours a week.

Startup ordered to pay $3.4 million in unpaid overtime

Employers in Tennessee and around the country are required to follow the provisions of the Fair Labor Standards Act, and they can be ordered to pay penalties, fines and damages when their worker compensation policies violate the landmark 1938 law. A June 20 news brief from the Department of Labor suggests that technology startup Zenefits has avoided such sanctions, but the human resources and insurance software developer has agreed to pay more than $3 million in unpaid overtime to 743 of its sales representatives and account executives.

Supreme Court denies writ and lets lower court ruling stand

Tennessee workers might want to take note of the Supreme Court of the United States's denial of a writ of certiorari, allowing the decision of the U.S. Court of Appeals for the 9th Circuit to stand. The case involved a flexible benefits plan offered by the City of San Gabriel, California in which it offered employees cash to select their own medical benefits. They could alternatively choose to accept cash instead of benefits.

Court rules salary history can be used to set new pay

Tennessee workers who may be facing a discriminatory wage disparity may be interested to learn that the U.S. Court of Appeals for the 9th Circuit has ruled that an employee's salary history could be used to set pay. This decision contradicts other appeals court rulings, meaning that the U.S. Supreme Court may need to resolve the issue.

Employee deductions result in FLSA violations

Tennessee employees may be interested to learn that The Walt Disney Company has settled with the U.S. Department of Labor after it was accused of taking improper deductions from employees' paychecks for company uniforms. The company ultimately agreed to settle for about $3.8 million which will go towards paying back wages owed to more than 16,000 employees.

Overview of Tennessee wage and hour laws

Each state can set its wage and hour policy, subject to federal limits. States are free to provide wage and hour benefits that exceed the federal minimum, but they cannot go below it. Tennessee is no exception. This post will go over Tennessee's wage and hour laws and how may affect you.

Understanding the Benefits of Wage & Hour Laws in the Workplace

Workplace accidents have become a norm in most industries, though some companies have become infamous courtesy of the various risks workers face on a daily basis. In most cases, such accidents mainly revolve around construction equipment. Based on a recent study conducted by the Tennessee Occupational Safety and Health Administration, 22 local employees sustained catastrophic injuries at the workplace between January and August, which translates to a 36 percent increase in workplace injuries in 2014.

Improper wage payments can affect workers’ compensation benefits, P.2

In a previous post, we mentioned that an employer’s failure to pay a worker the wages to which the worker is entitled can cause problems when the worker is injured and subsequently seeks out workers’ compensation benefits for total temporary disability. As we noted, injured workers are usually entitled to two-thirds of their average weekly wage over the 52 weeks preceding the injury.

Improper wage payments can affect workers’ compensation benefits, P.1

Workplace accidents can happen in any industry, though certainly some industries are more known than others when it comes to the safety risks workers face. Fatal accidents, of course, are much more common in industries involving heavy equipment, such as the construction industry.

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