Tag Archives: FLSA

I Want To Dock My Employee’s Wages Because She Broke Her Laptop – Okay?

wages
The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation? We live in a time where company-issued computer laptops and tablets are commonplace. It is also fairly certain that, at one time or another, … Continue reading this entry

Supreme Court Overtime Case Signals A Pro-Employer Shift

Overtime
What keeps employers up at night?  The prospect of collective action overtime lawsuits under the Fair Labor Standards Act (FLSA) is right at the top of the list of human resources nightmares. While overtime and other wage and hour lawsuits aren’t going away any time soon, on April 2, 2018, the U.S. Supreme Court handed … Continue reading this entry

The Department of Labor Restores Bush Era Opinion Letters

PAID
The U.S. Department of Labor (DOL) is turning back the clock in a move that it believes will provide clarity for employers who seek to comply with the Fair Labor Standards Act (FLSA). On January 5, 2018, the DOL reinstated 17 opinion letters to employers that were published in January 2009, during the final month … Continue reading this entry

When Is A Seemingly Exempt Employee Not Truly Exempt?

Overtime
Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay requires a detailed analysis of complex regulations. The result of an employer’s analysis can be very consequential for the organization.  … Continue reading this entry

Another Joint Employment Development, And Still More Uncertainty

Joint
For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked onto in seeking to expand wage and hour liabilities and to open up potential union organizing opportunities and labor relations … Continue reading this entry

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

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

So You Want to Give Your Employee a Bonus?

Salary
There are many reasons employers give bonuses to employees. Bonuses are a motivator.  They effectively reward past contributions.  Bonuses also allow employers to provide additional compensation to the workforce on a one-time basis without baking in wage increases and thus increasing the costs of wage-based benefits such as vacation.  Sometimes, employers have an exceptional year … Continue reading this entry

Ninth Circuit Deviates from Guidance and Other Authority on Tip Credits

Tip
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

Overtime Exemption Increases: Not Now, But (Probably) Soon

Overtime
As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a topsy-turvy year-and-a-half, in which multiple courts’ issues opined on the status of that rule, we recently asked … Continue reading this entry

Monopoly Money or the Real Deal? Exploring the Possibility of Paying Employees in Bitcoin

Bitcoin
Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers to book a hotel stay, take a taxi, or buy a car.  The buzz around crypto-currency continues to grow as … Continue reading this entry

Off-Duty Emails May Be Compensable (or Not)

Overtime
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

Waivers
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

Top 5 Mistakes Employers Make with Their Employee Handbooks

As 2016 winds down and a new year approaches, now is a great time for employers to think about their employee handbooks and employment policies in general.  As employers go about that thought-process, here are a few common mistakes employers should try to avoid: (1) Self-Regulation:  Employers often include items in handbooks that are not … 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

Supreme
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

OSHA Update—OSHA Issues Final Rule Regarding Retaliation Claims under the Affordable Care Act

The Occupational Safety and Health Administration (“OSHA”) announced yesterday that it has published a final rule regarding how it will handle retaliation claims brought by employees under the Affordable Care Act (“ACA”).  OSHA is generally tasked with investigating whistleblower complaints brought by employees under the Occupational Safety and Health Act, as well as many other … 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

Restaurant Employers Take Note—the Fifth Circuit Offers Instruction on Proper Deductions from Credit Card Tips

The Fifth Circuit recently decided how much a restaurant employer could deduct from an employee’s tips received by credit card to offset the costs associated with collecting and distributing the tips. In Steele v. Leasing Enterprises, Limited, the Fifth Circuit concluded the employer can only deduct the direct costs associated with paying out the tips. … 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