Archives: FLSA

The Department of Labor’s Latest Final Rule Publication Regulates Managers Who Receive Tips and Delineates Willful Violations of the FLSA

“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM). The latest action by the Department of Labor (DOL) came last week, when the Wage and Hour Division published its final rule addressing managers who receive … Continue Reading

Sharply Divided En Banc 5th Circuit Opines on Salary Basis Requirement for Day Rate Employees Under the FLSA

By Peter Stuhldreher and Paul Knettel on September 13, 2021 Posted in FLSA

In a 12-6 split decision, the en banc 5th Circuit Thursday evening released its ruling in Hewitt v. Helix Energy Solutions Group, Inc., Case No. 19-20023, addressing the issue of when an employee paid a daily rate can qualify for the “salary basis” requirement for certain exemptions from overtime pay under the Fair Labor Standards … Continue Reading

Employers Speak Out on Proposed Changes to FLSA Overtime Rule

By Nathan A. Schacht and Jacob A. Bruner on October 10, 2018 Posted in Department of Labor, FLSA

On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by the DOL last month. The series is part of a larger rulemaking and comment period being offered … Continue Reading

Changing the Competition – Massachusetts Enacts Comprehensive Non-compete Reform

By Shawn Butte on August 13, 2018 Posted in FLSA

After nearly a decade of debate, Massachusetts has passed comprehensive legislation limiting the use of noncompetition agreements. Last Friday, Gov. Charlie Baker officially signed “An Act Relative to the Enforcement of Noncompetition Agreements” (the Act) into law after the bill passed the Massachusetts Legislature last week. The Act, which goes into effect on Oct. 1, … Continue Reading

Understanding the New Overtime Regulations

By Amy J. Traub and Adam Seldon on May 18, 2016 Posted in FLSA

Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers with insight into how to understand, and ultimately apply, the new regulations, which will affect employers of all sizes in all industries across … Continue Reading

DOL Final Rule Withstands Challenge, Mandates Changes for Home Health Employers

By Joel D. Gottesman on October 15, 2015 Posted in DOL, FLSA

The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party employers. Home Care Association of America v. Weil, No. 15-5018 (Aug. 21, 2015) concerns plaintiffs-appellees Home Care Association of America (Home Care) … Continue Reading

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

By Amy J. Traub and Adam Seldon on July 1, 2015 Posted in Department of Labor, FLSA, Retail

Yesterday, the U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor Standards Act (“FLSA”) regulations that define exempt executive, administrative, and professional employees (“exempt white collar employees”). The current salary … Continue Reading

Alice in Cook County, Illinois: A View Through the Looking Glass at a Ridiculous Wage-Theft Ordinance

By Joel Griswold and John C. McIlwee on February 22, 2015 Posted in FLSA, Wage and Hour

Starting May 1, 2015, employers in Cook County will be subject to a new “Wage-Theft Ordinance” that could lead to employers incurring massive property tax liabilities, business license revocation, and debarment from county contracts. Under the ordinance, local employers will face harsh penalties if they admit guilt or liability or are “adjudicated” to be guilty … Continue Reading

U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive Right

By Joel Griswold on July 2, 2014 Posted in Class Action, Discrimination, FLSA

In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a collective action under the Fair Labor Standards Act is a non-waivable, substantive right. In Walthour v. Chipio Windshield … Continue Reading

Restoring Overtime Pay for Working Americans Act: Senate Democrats Join President Obama’s War On FLSA Exemptions

By Joel Griswold on June 19, 2014 Posted in FLSA, Retail

Yesterday, Senate Democrats introduced a bill cited as the “Restoring Overtime Pay for Working Americans Act” (“the Act”), which would amend the Fair Labor Standards Act (“FLSA”) to make it more difficult for employers to classify employees as exempt and impose penalties on employers for failing to comply with the FLSA’s record-keeping provisions. This action by … Continue Reading

President Obama Directs the DOL to Attack FLSA Exemptions

By Joel Griswold and Melissa Siebert on March 17, 2014 Posted in Department of Labor, FLSA, Wage and Hour

Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean? The answer is, only time will tell. In the “Presidential Memorandum” entitled “Updating and Modernizing Overtime Regulations,” the White House states that “regulations regarding exemptions … Continue Reading

As if Employers Needed Another Reminder, Here Are 8.4 Million More Reasons to Get the Tip Credit Right

By Steve Sutton on March 9, 2014 Posted in FLSA, Wage and Hour

A couple of weeks ago, a Philadelphia based sports bar chain entered into a consent order with the U.S. Department of Labor (DOL) and filed a request with the E.D. Pennsylvania for approval of a separate settlement with individual affected employees who alleged the employer improperly took tips from servers and violated the Fair Labor … Continue Reading

The Supreme Court’s Sandifer Decision and Collective Actions

By BakerHostetler on February 10, 2014 Posted in FLSA, Wage and Hour

Late last month, the U.S. Supreme Court issued its highly anticipated decision in Sandifer v. United States Steel Corp. The Court examined donning and doffing claims, and in the course of doing so, expressed key timekeeping principles in general, which have the potential to affect claims against employers under the Fair Labor Standards Act, including … Continue Reading

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

By Amy J. Traub and Laura Scully on January 23, 2014 Posted in FLSA, Wage and Hour

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May. Such programs, though, have become a source of much attention in the media, courts, state and federal agencies, and even legislatures. Front and center in this debate … Continue Reading

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

By Jeanine Conley and Amy J. Traub on December 6, 2013 Posted in Department of Labor, DOL, FLSA, Independent Contractor, New York, Wage and Hour

New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.” New York joins 14 other states (including California, Connecticut, Massachusetts, and Washington) that have partnered with the DOL to “root out bad … Continue Reading

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

By Amy J. Traub and Jeanine Conley on October 4, 2013 Posted in DOL, FLSA, Home Health Workers, Wage and Hour

A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”). For nearly 40 years, under the companionship services exemption, home care agencies and other third parties have not had to pay federally required minimum wage and overtime to workers providing home … Continue Reading

Employer-Sponsored Volunteerism: Doing Right When Employees are Doing Good

By Anat Maytal and Tracy Cole on September 30, 2013 Posted in FLSA, Workers' Compensation

Along with back-to-school events and apple picking, corporate-sponsored volunteer opportunities are a hallmark of the Fall season. September and October traditionally bring runs and walks for charity; nationally and locally coordinated events and “days of giving” for such organizations as Habitat for Humanity and Big Brothers Big Sisters; and other opportunities for companies to give … Continue Reading

Failure to Reimburse California Employees for Business Expenses, Including Mileage, Resulting in Class-Action Litigation

By Nancy Inesta on August 29, 2013 Posted in California, FLSA, Retail, Wage and Hour

In California, there has been an increase in class action litigation against employers for the alleged failure to reimburse employees for business expenses, particularly mileage reimbursement. By way of example, in recent actions filed against prominent retailers, employees allege that they were not reimbursed for mileage and other travel expenses caused by: daily bank deposits, … Continue Reading