Tag Archives: Fair Labor Standards Act (FLSA)

Repeat After Me: College Athletes Are Not School Employees Under the FLSA

“Close some doors today. Not because of pride, incapacity or arrogance, but simply because they lead you nowhere.” This quote (attributed to Brazilian author Paulo Cuelho) comes to mind with last month’s filing of yet another lawsuit, Livers v. NCAA, by a college athlete who alleges that playing a college sport is work such that … Continue reading this entry

Ninth Circuit Deviates from Guidance and Other Authority on Tip Credits

We have previously discussed how the Department of Labor (DOL) often issues guidance to assist employers in applying and complying with the DOL’s various regulations. The federal courts generally follow this guidance when analyzing the related regulations, but they are not obligated to do so, as is evident from a recent ruling by the United … Continue reading this entry

What Ever Happened to the Department of Labor’s New Overtime Rule?

As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016, the minimum salary required to be exempt from overtime requirements under the certain Fair Labor Standards … Continue reading this entry

An Employer May Permanently Modify Employee "Workweeks" to Reduce Labor Costs

The Fair Labor Standards Act (FLSA) requires an employer to compensate any employee who is not exempt from its provisions at a rate that is “not less than one and one-half times the regular” wage rate paid to the employee for all work time performed by the employee in excess of 40 hours (“overtime”) during … Continue reading this entry

When Is a Sales Rep Not a Sales Rep?

Pharmaceutical sales representatives are not in sales, at least for the purpose of wage-and-hour laws. Reversing a lower court’s decision, the Second Circuit Court of Appeals ruled that pharmaceutical sales representatives could not qualify for the “outside sales” or administrative exemptions to the overtime pay requirements of the federal FLSA. The FLSA (and many states’ … Continue reading this entry

Bulletproofing Your Internship Programs

Internships abound. A recent New York Times article indicated that in 1992, only 17 percent of graduating students held internship positions. In 2008 that figure skyrocketed to 50 percent. Businesses across the country have a bevy of internship programs where relatively young and inexperienced students or post-graduates can obtain unpaid work. These interns sacrifice the … Continue reading this entry