The financial services industry has been a prime target for class and collective action claims for overtime under the Fair Labor Standards Act (FLSA) and related state laws. For decades, banks and related institutions...more
In 2011, the Obama Department of Labor (DOL) adopted a rule stating that service industry employers could not implement tip pooling rules, even if they did not claim the tip credit for minimum wage compliance purposes. Tip...more
On June 15, President Trump signed an Executive Order streamlining the design and approval for apprenticeship programs funded by the Department of Labor (DOL). The Order is intended to entice more employers to begin...more
The hospitality industry continues to battle numerous lawsuits claiming that employers failed to properly compensate employees who earn a portion of their wages through tips. Earlier this month, the Tenth Circuit Court of...more
Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more
2/8/2017
/ Appeals ,
Construction Industry ,
Corporate Counsel ,
Dismissals ,
Fair Labor Standards Act (FLSA) ,
General Contractors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
Reversal ,
Subcontractors ,
Wage and Hour
In recent years, college athletes have made multiple attempts to gain protection under various federal labor laws. For example, the NLRB recently rejected an attempt by football players at Northwestern to unionize....more
Last year in its Encino Motorcars decision, the U.S. Supreme Court rejected the Ninth Circuit Court of Appeals’ reliance on a Department of Labor (DOL) interpretation finding that automobile dealership service advisors do not...more
Emails can simultaneously be considered a tremendous leap in business efficiency, as well as the bane of many employees’ existence. In December, the French government took action to untie employees from their cell phones and...more
Many employers are approaching the time when annual incentive bonuses are calculated and paid to employees. For non-exempt employees subject to the overtime provisions of the Fair Labor Standards Act (FLSA), employers must...more
A federal district court’s unanticipated injunction on November 22 blocked the planned December 1 implementation date for the Department of Labor’s (DOL) increased minimum salary required to claim most exemptions from the...more
On November 22, a federal district court judge in Texas issued a nationwide injunction prohibiting the Department of Labor from enacting its new overtime exemption salary increase on December 1 as scheduled. The judge...more
Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more
With the December 1 effective date approaching for the Department of Labor’s increase in the minimum salary for claiming most overtime exemptions, many employers are considering moving employees to the fluctuating workweek...more
Many employers are currently reviewing their options for reacting to the December 1 increase in the minimum salary for claiming exemption from overtime requirements using the executive, administrative and professional...more
Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more
The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more
On September 29, the Department of Labor issued final regulations implementing President Obama’s Executive Order requiring federal contractors to provide paid sick leave for their employees. DOL estimates that the rule will...more
Employers faced with more than doubling the minimum salary paid to employees to maintain their overtime exempt status basically have two choices. First, they can increase the employees’ salaries to the new minimum. Second,...more
Managed care companies help insurers and government programs coordinate healthcare plans by making coverage determinations for participants. In many situations, case managers conduct utilization reviews to determine the...more
Earlier this month, Massachusetts’ Republican governor signed into law a bipartisan bill requiring employers to pay men and women equally for similar work. The law’s basic requirement is one in place in many states and under...more
Last week, a federal district court judge in California declined to certify a collective action claim by minor league baseball players who alleged they had not been paid overtime as required under the Fair Labor Standards Act...more
The hospitality industry continues to face an increasing number of collective action lawsuits filed by tipped employees who claim that their employers failed to comply with minimum wage requirements for servers and related...more
On July 14, the Equal Employment Opportunity Commission announced changes to its proposed employer pay data collection proposal. The proposal would require employers to submit on an annual basis summary pay information for...more
Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more
7/19/2016
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Dismissals ,
Family and Medical Leave Act (FMLA) ,
Legitimate Business Interest ,
Medical Leave ,
Reasonable Accommodation ,
Reduction in Hours ,
Reinstatement ,
Summary Judgment ,
Wage and Hour
The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more