Are you paying employees using a day rate under the FLSA? If so, you may want to read the Fifth Circuit’s recent ruling in the latest string of Helix Energy cases. According to the Fifth Circuit, companies who do business in...more
As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more
10/1/2021
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Labor Law Violations ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the...more
As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job,...more
7/1/2021
/ Biden Administration ,
Comment Period ,
Department of Labor (DOL) ,
Employees ,
Food Service Workers ,
Minimum Wage ,
New Rules ,
Tip Credit ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour
You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional...more
The Wage and Hour Division of the Department of Labor unveiled a new program, “Essential Workers—Essential Protections,” that focuses on making sure employers comply with overtime and other wage requirements for workers on...more
An Equal Pay Act plaintiff must show that employees of the opposite sex were paid different wages for equal work. Pretty simple — right? However, there are many factors that go into deciding what is “equal work” or whether...more
On January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic...more
3/3/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Regulatory Agenda ,
Regulatory Freeze ,
Wage and Hour
An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.
Identifying the Potential Problem -
The...more
It was a mess of times. It was the masked of times. We all probably agree that 2020 presented unexpected and unwanted challenges to employers. It certainly made all of us address unprecedented issues. Let’s look back at some...more
12/30/2020
/ Business Closures ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Political Speech ,
Relief Measures ,
Title IX ,
Vaccinations ,
Wage and Hour
Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the...more
12/18/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour
In true 2020 style, this year’s general election was one for the history books. While the presidential race has been called in favor of President-Elect Joe Biden, the inevitable legal challenges are looming. Meanwhile,...more
11/12/2020
/ Affordable Care Act ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Minimum Wage ,
NLRB ,
State and Local Government ,
Wage and Hour
Law and Practice -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more
10/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Gig Economy ,
Harassment ,
Health and Safety ,
Interviews ,
New Guidance ,
NLRB ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Restrictive Covenants ,
Social Distancing ,
State and Local Government ,
Technology Sector ,
Unions ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more
10/5/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
It’s September, which for most means the beginning of fall and the start of a new school year. This school year not only looks different than those in the past, but it has also added to the stress and uncertainty facing...more
In a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the...more
The U.S. Department of Labor issued a Field Assistance Bulletin on June 24, 2020, announcing that it will not routinely assess pre-litigation liquidated damages as part of the settlement process for claims under the Fair...more
In hiring employees, can you just give them a salary bump or must you look at their soon-to-be coworkers to decide the correct amount? This is a hotly debated issue right now, and, as with many things, it depends on where you...more
For those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no...more
Late Wednesday night, the Senate passed a sweeping coronavirus economic rescue package that would pump $2 trillion into America’s economy. The House is expected to take up the bill as early as Friday, March 27...more
With companies try to keep employees safe but still conduct business while the coronavirus flattens out, employers should be mindful of their obligations to employees while working off-site.
Non-exempt Hourly Employees...more
New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York...more
A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more
2/27/2020
/ Compensatory Damages ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Jury Verdicts ,
Motion for Summary Judgment ,
Multi-Factor Test ,
Primary Beneficiary Test ,
Retaliation ,
Unpaid Interns ,
Wage and Hour ,
Whistleblowers
When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more
The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay...more
1/13/2020
/ Compensation & Benefits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
New Rules ,
Over-Time ,
Rate of Pay ,
Wage and Hour