Fisher Phillips Wage and Hour Podcast

Navigating wage and hour laws in the healthcare industry can be challenging in the ever-evolving legal landscape. In this episode, we discuss the most significant wage and hour risks and the impact of the DOL's recent overtime rule and independent contractor rule in the healthcare industry. We also discuss steps healthcare employers should take to ensure compliance with wage and hour laws.

In this episode, our Wage and Hour practice group co-chairs discuss what the change in salary threshold under the DOL's overtime rule means for employers who have exempt managers. We also discuss what employers can do to prepare for the anticipated changes and the recent litigation filed challenging this rule.

In this episode, we discuss the most important actions employers can take, related to both population and policy changes, in preparation for the DOL's upcoming overtime rule, effective July 1st. Our Wage and Hour team also discusses two mistakes employers make in completing self-assessments of their wage and hour practices as well as common violations identified in compliance assessments that can be easily fixed.

With summertime quickly approaching, many summer hires include those under the age of 18. The Department of Labor has increased its enforcement efforts, making it crucial for employers to re-familiarize themselves with the federal laws outlining child labor restrictions. In this episode, we discuss the largest areas of risk for employers in the hiring of minors, including limitations on hours worked, applicable state child labor laws, and hazardous occupation restrictions.

On January 10, 2024, the United States Department of Labor (DOL) issued its final rule on “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” which replaced the rule that made it easier to classify workers as independent contractors. Fisher Phillips will discuss the differences between the former DOL rule and the new rule which now make it more difficult to classify workers as independent contractors. We will also review likely arguments that plaintiffs' attorneys and DOL investigators may make to challenge a worker's classification as an independent contractor. In addition, this podcast will discuss state laws relative to independent contractor classification and provide tips on how to stay in compliance.

Healthcare is one of the largest and fastest-growing industries in the country, which effectively places a bullseye on employers for costly litigation and administrative claims. Fisher Phillips will discuss how industry norms have become costly missteps in terms of Department of Labor (DOL) investigations and employee litigation, and share some of the most common classification mistakes we see. Our focus will be on exempt status classification, employee v. contractor (W2 v. 1099) status, and related myths, all through the lens of federal wage and hour law. This podcast will highlight practical tips for employers to avoid and a blueprint for staying in compliance.

Remote work is the future of work in many industries, and compliance mistakes can be costly to businesses.  Employers and employees alike have recognized certain benefits of hybrid and permanent remote work policies. While remote work arrangements are not practical for every job or desired by every employer, when such arrangements are embraced and become embedded into company policy, employers need to ensure they are taking proper precautions.

Fisher Phillips tackles one of the most frequently used and more often than not confused white collar FLSA overtime exemptions – the administrative employee exemption. A frequent target of collective action litigation, the nuances of the administrative employee exemption can seem overwhelming to many employers. This podcast will break down the basics of the white collar exemption.

It is not a secret that manufacturers are racing to hire as many employees as possible to replace an entire generation of workers who are reaching retirement age. However, recruitment is not the only difficulty manufacturers face; manufacturers are challenged with managing wage and hour compliance amidst a fast paced environment. From preventing unauthorized overtime and off-the-clock work to automatic meal deductions, employers in manufacturing are constantly having to conduct quality control audits on their own pay practices. Listen to how Fisher Phillips attorneys address those wage and hour challenges employers in manufacturing uniquely face.

As many employers transition employees back to the office who have been working remotely, it is a good time to re-evaluate your volunteer programs, training sessions, and other corporate events. November's Wage and Hour Wednesday podcast provides the analysis for common scenarios under the FLSA when determining whether in-person, fully remote, or hybrid events are compensable. Failing to properly treat some events as compensable may land you in hot water and lead to unwanted minimum wage and/or overtime claims.

Worker misclassification has significant consequences. Knowing the rules for proper classification of workers is essential in the modern work place. Worker misclassification carries litigation risk and exposure to liquidated damages. The DOL and NLRB have joined forces to investigate independent contractor misclassification and the United States Department of Labor has substantially increased enforcement action and penalties. States throughout the country have enacted robust legislation to ferret out misclassification and to empower agencies to penalize non-compliance with fines and stop work orders. This podcast will review “hot spots” in independent contract litigation.  Co-chair of Fisher Phillips Wage and Hour Practice Group, Hagood Tighe, joins fellow co-chair Kathleen M. Caminiti and attorney Joshua Allen to discuss this timely issue.

In November of 2021, President Biden signed the Infrastructure Investment and Jobs Act into law.  Over the next 5 years, the federal government will be spending $944 billion on infrastructure projects.  This historic spending bill includes major investments in highways and bridges, water infrastructure, railroads, airports, the electrical grid, and other industry sectors.  Any businesses looking to win contracts or subcontracts for construction, alteration, or repair work that is funded by the Infrastructure Bill must plan to comply with the Davis Bacon Act's stringent hourly wage, fringe benefit, and recordkeeping requirements. Co-chair of the Fisher Phillips Wage and Hour Practice Group, Hagood Tighe, joins attorney Patrick M. Dalin, to discuss this timely issue.

Forget about the FLSA?! Rising minimum wages at the beginning of 2022 and increasing remote workers are a good reminder to analyze if state or local wage-hours laws are more stringent than federal law, like overtime exemptions, tip credits, PTO, or meal and rest break compliance. Listen in to how Fisher Phillips attorneys help their clients navigate these wage-hour compliance issues presented by the tangled web of state, local, and federal laws.

For October's Wage and Hour Wednesday, it's that time of year when many organizations are planning volunteer programs, training sessions, and other corporate events for their workers.  Response to the Delta variant changes the equation somewhat, raising new questions about compensability for employees who are entitled to overtime.  This podcast will provide the analysis for seven common scenarios under the FLSA when determining whether in-person, fully remote, or hybrid events are compensable.

For August's Wage and Hour Wednesday, we are pleased to be discussing compensation issues. Topics include: Compensation planning, including use of salary bands Identifying misclassified employees (exempt vs non-exempt) Perils of independent contractors; ensuring your commission, bonus and incentive compensation plans are legally compliant Pay equity issues considerations in compensation adjustments

Class and collective actions continue to increase under the FLSA and state wage and hour law.  Arbitration agreements containing a class and collective action waiver can be an effective means of minimizing the risks of such lawsuits.  While many employers implemented arbitration programs in the wake of the Supreme Court's Epic Systems decision in 2018, arbitration of employment disputes presents many pros and cons that should be considered.  Additionally, arbitration agreements must still be enforceable under state law and, therefore, should be carefully drafted and implemented.  Finally, the Biden Administration and many federal and state legislators have indicated an intention to ban mandatory employment arbitration, which would have far-reaching consequences for many employers that currently rely on such programs to mitigate the risks of class and collective action lawsuits. Co-chair of Fisher Phillips Wage and Hour Practice Group Hagood Tighe joins Matthew Korn to discuss this timely issue.

Are you ready for the Department of Labor to audit your business? Now that businesses are getting back on track, more people are returning to work and a new Secretary of Labor is place, the likelihood of a DOL audit for compliance with wage and hour laws is imminent. Don't wait, learn how to prepare now for when there is a surprise knock at the door by a DOL investigator. Co-chair of Fisher Phillips Wage and Hour Practice group, Hagood Tighe, joins attorneys Michelle Anderson, Megan Janes, and Jennifer Scully to discuss this timely issue.

For many businesses, summertime is an important period which can define their bottom line, as temporary and part-time employment spike. Employers unaccustomed to hiring part-time and/or seasonal employees, may not be fully aware of the regulations surrounding such employment. This month, Fisher Phillips Wage and Hour Wednesday focuses on FLSA's considerations when hiring summer labor. Topics include minor employment, internships, volunteers and more! Co-chair of Fisher Phillips Wage and Hour Practice group, Hagood Tighe, joins attorneys Michelle Anderson and Sheila Willis to discuss this timely issue.

It's normal for employers to track the hours worked of hourly or non-exempt employees.  But what about employees that are exempt from overtime under the Fair Labor Standards Act (FLSA)? This session explores why employers may want to track the hours of these salaried exempt employees and the potential risks involved. Our host is co-chair of Fisher Phillips Wage and Hour Practice group, Hagood Tighe.  He joins attorney Clarence Belnavis to discuss this timely wage and hour issue.

An employer may contemplate making deductions to an employee's pay or requiring an employee to reimburse certain expenses covered by the employer. However, not all deductions and reimbursements are treated the same under the FLSA and state law. Our host is co-chair of Fisher Phillips Wage and Hour Practice group, Hagood Tighe.  He joins attorney JonVieve Hill to discuss the costly consequences of improperly deducting wages. This edition of Wage and Hour Wednesday podcast is a must for HR professionals and general counsel who oversee these complex wage and hour issues.

Fisher Phillips Wage and Hour Practice Group presents Wage and Hour Wednesday Podcast.  Our host is co-chair of the firm's wage and hour practice, Hagood Tighe. He joins attorneys Jay Glunt and Ben Dudek who discuss the status of the current law and how to properly set up independent contractor relationships and avoid misclassification problems.