Category Archives: Fair Labor Standards Act (FLSA)

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Congress Considers FLSA Amendment That Could Provide Flexible Overtime Options

Employers are generally well aware that they must comply with the main pillars of the Fair Labor Standards Act (FLSA), requiring that (1) employees be paid at least minimum wage and (2) employees be paid at a rate of one-and-a-half times their hourly wage for all hours worked in excess of 40 in a week. … Continue reading this entry

Making Employees Watch the Clock Can be Good for Employers

Employer
A few months ago, we reminded our readers about the need to maintain accurate time records for non-exempt employees. This consideration is especially important for those employers who are subject to the Fair Labor Standards Act (FLSA), meaning that most readers of this article should take note.   An appeal currently pending in the Seventh Circuit … Continue reading this entry

So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?

LGBTQ
The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as clear as some of the headlines make it seem. For instance, some reports proclaimed that the court ruled … Continue reading this entry

It Pays to Pay Attention to Impact When Considering Layoffs

Discrimination
Unfortunately, many employers from time to time face the need to restructure or downsize their workforce. While the business climate or customer needs are often the driving force in a restructuring or layoff, there are a number of other factors that employers must consider when planning for the actual implementation of such a change. As … Continue reading this entry

Fight On? Student-Athletes Press for Employee Status Despite Seventh Circuit Rejection

Bong … Bong … Bong … that is the death knell you thought you heard following the decision from the Seventh Circuit Court of Appeals (covering Indiana, Illinois, and Wisconsin) in Berger v. NCAA earlier this month. After that case, many legal prognosticators proclaimed the demise of student-athletes’ claims that they are actually employees of … Continue reading this entry

“Accurate” Time Records Must Actually Be Accurate

Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals.  In this season of confusion, particularly regarding the on-again/off-again Fair Labor Standards Act (FLSA) salary test, it is worthwhile to review the timekeeping records that employers are required to maintain with respect … Continue reading this entry

Court Blocks Overtime Rule; Employers Off the Hook on December 1 Changes (For Now)

Yesterday, a federal judge in Texas issued a temporary nationwide injunction preventing the U.S. Department of Labor’s (DOL’s) overtime rule from taking effect on December 1. We discussed both the lawsuit and the final rule previously, and also provided a Q&A about these changes.… Continue reading this entry

The “Persuader Rule” Permanently Enjoined

As we have previously reported, in March of 2016, the Department of Labor (“DOL”) issued a reinterpretation of the Persuader Activities Rule (The “Revised Rule”). This Revised Rule required that: employers must annually report agreements that have the object of dissuading employees from supporting unions (“persuader activities agreements”); consultants must report such persuader activities agreements … Continue reading this entry

Finding a Balance Between Cell Phone Access to Work Email and On-Call Pay

Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now easily connect to the internet to send and receive data. Unsurprisingly, it feels like most people have access … Continue reading this entry

SCOTUS Sends Auto Workers Back to Circuit Court for Overtime Regulation “Repairs”

You may not even know the technical name for workers at the local car dealership who diagnose what is wrong with your vehicle and tell you how it can be repaired. They are called auto service advisors, and whether they are entitled to overtime pay under the Fair Labor Standards Act (FLSA) has been the … Continue reading this entry

Q&A on the FLSA’s Changes to Overtime Exemptions

Last month, we discussed the U.S. Department of Labor’s (DOL) recently published final rule making changes to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). We also presented a webinar on June 2, 2016, discussing the recent changes to the exemptions and how they may affect employers. As a quick … Continue reading this entry

DOL’s Increased Salary Test: What Employers Need to Know

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as previously proposed or make modifications to its June 2015 proposed rule. Now the wait is finally over and, as anticipated, … Continue reading this entry

More On The New Rules For White-Collar Exemptions: Strategies To Consider

EEOC
Last week, we highlighted the Department of Labor’s (DOL) new proposed amendments to the “white-collar” exemption regulations. As the proposed rules move closer to becoming final this summer, with an effective date 60 days later, we take the opportunity to explain further what these new regulations will mean for employers. As we suggest in greater … Continue reading this entry

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing (i.e., taking off) personal protective equipment (PPE). The Supreme Court has recently entered the fray, and in its recent … Continue reading this entry

Time To Stop And Actually Look At Your Bulletin Boards

Employer
When was the last time you stopped and looked – really, truly looked – at all of the workplace posters on your company’s bulletin boards? Many employers take the Ron Popeil philosophy of workplace posters and “set it, and forget it.” But failing to keep your workplace posters up to date can lead to unnecessary … Continue reading this entry

The Impact of Justice Scalia’s Passing on Pending Supreme Court Cases

SupremeCourt
The country was shocked to hear of the recent passing of Supreme Court Justice Antonin Scalia. Legal scholars and political commentators have since written extensively on Justice Scalia’s contributions to the legal world and his sometimes polarizing opinions. Justice Scalia’s passing will doubtlessly have a significant impact on the Supreme Court, as will the eventual … Continue reading this entry

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the company. But is there really little risk? There is a real and potentially expensive risk of violating … Continue reading this entry

DOL Fires Across the Bow of Businesses Underway With Independent Contractor Manpower

California Emloyers
Employee classification issues have been a recurrent topic of ours, and with all the class action litigation arising from independent contractor and other classifications, we have had no shortage of opportunities to remind companies of the potential risks inherent in other-than-employee classifications. But just in case anyone in the business community has not heeded these warnings, … Continue reading this entry

I Falsified My Time Records … But I’m Still Suing You for Overtime

Employers sometimes rely on equitable arguments, such as “unclean hands” (which asserts that it would not be fair to hold an employer liable when the employee’s actions caused or contributed to his own injury or damages). But the United States Court of Appeals for the Eleventh Circuit (covering Alabama, Florida and Georgia) recently decided that an … Continue reading this entry

Blocking the Finish Line: Does the FLSA Exemption for Amusement and Recreational Establishments Apply to Marathons?

Several years ago, at one of the numerous race events that have become immensely popular in the last handful of years, a race “volunteer” provided a bike escort, so that the elite runners at a half-marathon race in St. Louis could safely proceed to the finish line. The woman, as well as the other 1,000+ … Continue reading this entry

Unanimous Supreme Court: Employers Don’t Have to Pay for Security Screenings

SupremeCourt
We noted in October that the U.S. Supreme Court recently held oral argument in a case considering whether time spent by employees passing through security screening lines on their way out of the employer’s facility constituted working time requiring compensation. Well, now we have the answer: post-shift security screenings required by the employer are not … Continue reading this entry

Gentlemen’s Club Cannot Strip Dancers of Employee Status

We mentioned early last year that the U.S. Department of Labor intended to start cracking down on the (mis)classification of workers as independent contractors. All is not lost however, as we also recently discussed a New York case where a court found that the employer properly classified its 200 drivers as independent contractors and dismissed their … Continue reading this entry

“But I Didn’t Know You Were Working…”

We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock” because the employer only allowed reporting a certain number of hours, because the employer “discouraged” … Continue reading this entry

The Next Cleat Drops… College Athletes Sue for Unpaid Wages

If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago Regional Director of the National Labor Relations Board (“Board”) that Northwestern University’s scholarship football players are employees under the NLRA and thus could … Continue reading this entry