SCOTUS eases burden of proof for employers in FLSA exemptions cases
Big news for employers: The Supreme Court just made it easier to defend against Fair Labor Standards Act exemption claims by employees. In E...
Topic: wage and hour
Buckeye of broken promises: OSU's trust fumble
By Jon Hyman
Ohio State University announced that it will rescind raises for 306 salaried employees, effective Jan. 1. Earlier this year, the university...
Life without a Department of Labor isn't as efficient as some will tell you
By Jon Hyman
What happens if the Department of Labor vanishes? It's not some dystopian fantasy—it's an actual possibility under Elon Musk and Viv...
A tip on employee tips
By Jon Hyman
Here's a tip for management — keep your hands off of your employees' tips. A recent case filing by class of employees against a cann...
Service charges: A hidden trap for employees (and customers)
By Jon Hyman
You just wrapped up a great meal at your favorite restaurant. The server drops off the check, and there's a surprise—your $100 tab is no...
The 80/20/30 Rule is official a zero
By Jon Hyman
The Department of Labor's "80/20/30 Rule" for tipped employees is dead. That Rule broke down the work of tipped employees into...
The risks in treating inside salespeople as "exempt"
By Jon Hyman
If you employ inside salespeople, you need to pay attention to Su v. Webb Co. This case examined whether Webb, a wholesale distributor of ...
What does Project 2025 mean for employers? Wage and hour edition
By Jon Hyman
In part 2 of my series on what Project 2025 means for employers and employment law, let's examine its proposed impact on wage and hour l...
As seen on Reddit: payment for training time
By Jon Hyman
As seen on the legaladvice subreddit: "My company just told us about a new policy where any meeting or training that is held over the l...
DOL cautions employers on the use of AI
By Jon Hyman
"When used responsibly, AI has the potential to help improve compliance with the law. Without proper human supervision, however, these ...
It’s long past time to Ctrl-Alt-Del the FLSA
By Jon Hyman
The Fair Labor Standard Act is not a good law because employers have zero hope in complying with it. I know this fact is true because I just...
President Biden’s proposed 2025 federal budget offers a lot for employers to chew on
By Jon Hyman
If you want to learn about a government's priorities, trace the money. President Biden's proposed federal budget for FY 2025 contai...
I ❤️ being a lawyer
By Jon Hyman
I ❤️ being a lawyer. It presents something new and different each day, with each day offering an opportunity to learn. For example, yesterda...
When dealing with the FLSA, “administrative” may not mean what you think it means
By Jon Hyman
It's really unfortunate that when Congress, in 1938, enacted the Fair Labor Standards Act it chose the label "administrative" ...
Baning salary discussion bans
By Jon Hyman
🛑 Employers, for the love of all that is holy, STOP BANNING EMPLOYEES FROM DISCUSSING THEIR WAGES!!! 🛑 A supervisor of subsidiary of Duke...
Hiring undocumented workers
By Jon Hyman
"Illegal immigrant co-worker got fired for asking about her check." That's the headline on Reddit . Here's the rest of th...
Discussing a couple of pay deductions for service-industry employees
By Jon Hyman
Consider the following two policies, which restaurants and bars have implemented to save a few nickels against their tight margins: “Effec...
This is what it looks like to kick a business while it’s down
By Jon Hyman
Last week, Corky & Lenny's, a deli that has been a local institution for the past 67 years, closed its doors . The owners cited staf...
Do you understand the rules for paying employees for commuting time?
By Jon Hyman
A technician claims her employer owes her pay for time spent traveling to the office to pick up materials on the way to the airport for a fl...
If you’re going to change an employee’s time sheet, make sure it’s an accurate change
By Jon Hyman
🟩 LEGAL: Disciplining or firing a non-exempt employee who works unauthorized overtime. 🟥 ILLEGAL: Failing to pay a non-exempt employee for...