Fisher Phillips Wage and Hour Podcast

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.