David Leishman

McGuireWoods LLP

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Latest Posts › Wage and Hour

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DOL Issues Final FLSA Independent Contractor Rule, Returns to Six-Factor Economic Reality Test

The U.S. Department of Labor published a final rule Jan. 9, 2024, on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). The rule...more

1/17/2024 / Department of Labor (DOL) , Economic Realities Test , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Federal Labor Laws , Independent Contractors , Misclassification , Wage and Hour

8th Circuit: Employer Bound by Promise to Pay Performance Bonus to At-Will Employees

Employers who implement bonus programs to attract and retain key employees may be bound to the terms of those programs, the 8th U.S. Circuit Court of Appeals recently held. In Boswell v. Panera, LLC, the court affirmed that...more

2/16/2018 / At-Will Employment , Bonuses , Corporate Counsel , Employer Liability Issues , Employment Litigation , Wage and Hour

The Perils of Calculating Regular Rate of Pay

Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5 for each hour worked over 40 in a workweek. Right? If only overtime...more

3/15/2017 / Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Non-Exempt Employees , Over-Time , Wage and Hour

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