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Remember to Include Non-Discretionary Income When Calculating Overtime Pay Under the FLSA

One of the most common mistakes made by employers is the failure to properly calculate the regular rate when paying overtime compensation to employees under the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of labor law in the United States, intended to ensure that employees receive fair compensation for their work. One crucial aspect ...
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Are Random Acts of Violence Recordable OSHA Injuries?

According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident, the driver who caused the accident entered the company’s vehicle, shot the employee, stole the vehicle, and fled the ...
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How to Safely Respond to Medical Episodes in a Hotel

At some point in their careers, hotel employees may be required to respond to a medical episode in one of the following circumstances: For the non-medical career professional, responding to a medical episode may be unnerving. The COVID-19 pandemic has added to the growing list of concerns of first responders along with the fear of ...
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The Importance of Due Diligence in M&A Transactions

In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure compliance, plan for integration, and set the stage for a successful and value-enhancing merger or acquisition.  The acquiring company, with its legal, tax, ...
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Are You Properly Paying Your Bell Staff? 5 Top Questions for Hotels that Take a Tip Credit

Hotel staff often include a mix of tipped and non-tipped jobs, but following wage and hour rules isn’t always easy, particularly if employees perform a variety of tasks. Some workers — such as servers and bartenders — may neatly fit into the “tipped employee” category, but you may have more difficulty determining whether other workers ...
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Threat of Harm to Others — What’s an Employer to Do?

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the employer do? One step the employer must take is to determine whether the errant behavior is ...
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Ensuring Child Labor Law Compliance Amid Growing Scrutiny

In February, the New York Times published an investigative report regarding alleged employment of underage migrants, many from Central America, at U.S. companies.1 While employment of certain minors is permitted under federal and state law, there are restrictions regarding the type of work, schedule and hours that minors may work. The media scrutiny brought focus to ...
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Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now

Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now

Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees eligible for overtime premiums. The U.S. Department of Labor (DOL) announced today that it intends to significantly raise the ...
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Grabbing a Slice of the Pie: NFTs in the Food and Beverage Industry

Non-fungible tokens (NFTs) have grown in popularity across several areas, and it seems that the food and beverage industry might be jumping on the trend. Specifically, fast food giants like Pizza Hut and Papa Johns have launched NFTs to promote products, according to a recent report by Research and Markets (https://bit.ly/47lifH4) looking at NFT usage ...
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Employers, Take Note: New Protections for Pregnant Workers Effective June 27, 2023

The Pregnant Workers Fairness Act (“PWFA”), which became effective on June 27, 2023, is a new law requiring covered employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would result in an “undue hardship” to the employer.  Examples of “related medical conditions” include ...
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