Tag Archives: FLSA

Off-Duty Emails May Be Compensable (or Not)

Off-Duty
After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay non-exempt employees for all overtime hours worked – including any overtime spent emailing, texting or … Continue reading this entry

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

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

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

Two Lawsuits Hope to Put the Brakes on Overtime Rule Changes

Wage and Hour
With a December 1 deadline looming, millions of employers across the country are scrambling to implement new compensation and classification practices in response to the U.S. Department of Labor’s (DOL) new overtime rule, announced in May. This past Tuesday, a duo of federal lawsuits was filed in Texas as a response to strong objections from … 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

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

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

Recent Case Reminds Companies That, Though Much Embattled, Independent Contractor Classifications Can Be Valid

The dividing line between employees and independent contractors has been a hot topic in employment law for several years. In addition to the interest the federal government has taken in possible misclassification of employees, employers can also be subject to civil suits under the Fair Labor Standards Act (“FLSA”) and/or state employment law. In fact, litigation … Continue reading this entry

You’re NOT Paranoid – the Agencies ARE Ganging Up

FEHC
Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government activity, and that twitchy sense of more government scrutiny is actually well justified. In addition to executive agency actions placing more requirements … Continue reading this entry

But We Cut a Settlement and They Agreed to It!?!

As we have previously noted, employers are increasingly resorting to arbitration agreements, waivers and releases  and other strategies in an attempt to limit liability in employment matters and reduce or eliminate the risk and cost of litigation. With the explosion of litigation being brought under the Fair Labor Standards Act (“FLSA”), employers may be similarly tempted … Continue reading this entry

Can Employers in an FLSA Overtime Case Issue Subpoenas Concerning an Employee's Social Media, Banking, and Texting Activities?

Increasingly, employers are wrestling with how best to monitor and limit employees’ use of the Internet to conduct non-work-related activities. The issue may become more pressing in an FLSA overtime case, when an employer suspects (or an employee admits) that he or she spent a considerable amount of time during the work day using the … Continue reading this entry