News & Analysis as of

Compliance Fair Labor Standards Act (FLSA) Employee Rights

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Davidoff Hutcher & Citron LLP

Overtime Compliance for New York Restaurant Owners: Avoiding Costly Legal Mistakes

Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more

Spilman Thomas & Battle, PLLC

Being Clear with Your Employees’ Paychecks; Pay Transparency on the Rise

One trend we see continuing in 2025 is state and local laws requiring employers to be more transparent in how they pay their employees. These requirements come in two varieties. First, more states and cities are requiring...more

Davis Wright Tremaine LLP

New York City Requires Employers To Post Lactation Accommodation Policy

New York City employers will be required to physically and electronically post a copy of their written lactation accommodation policy beginning May 8, 2025. This includes a requirement to post the policy in an area accessible...more

FordHarrison

Illinois One Day Rest in Seven Act and Meal Break Law: How Employers Can Protect Themselves

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Real World Impact: A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law....more

Nilan Johnson Lewis PA

Department of Labor: Managers Must Keep Their Fingers Out of the Tip Jar – Even When They Helped Earn the Tips

Nilan Johnson Lewis PA on

The DOL Wage & Hour Division issued its first Opinion Letter of 2025 (FLSA2025-1) on January 14, 2025, stating that managers and supervisors, no matter their duties during a particular shift, cannot participate in employee...more

ArentFox Schiff

Navigating the Complexities of Pay Transparency Legislation

ArentFox Schiff on

Employers are paying close attention to pay transparency laws, which are the latest trend in employment legislation. Often expanding on existing pay equity laws, many state and local governments have enacted or proposed...more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

Jaburg Wilk on

The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more

Franczek P.C.

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

Franczek P.C. on

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for...more

Fisher Phillips

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

Fisher Phillips on

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

Franczek P.C.

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Franczek P.C. on

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

Franczek P.C.

I Don't Always Round Time Entries, But When I Do...I Follow The FLSA Regs [Wage & Hour FAQ]

Franczek P.C. on

In my last post, I discussed how the FLSA approaches the “rounding” of time. In short, rounding is simply the practice of adjusting time clock punch times within specific bounds. For example, if your employees punch in for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Articulates Theories Of Successor Liability Under FLSA

In Thompson v. Real Estate Mortgage Network, No. 12-3228 (3d. Cir. Apr. 3, 2014), the Third Circuit Court of Appeals recently found a successor employer potentially responsible for Fair Labor Standards Act (FLSA) violations...more

Franczek P.C.

FLSA Revisions Won't Be Quick Or Easy

Franczek P.C. on

Recently on Twitter, I commented that revising the FLSA regulations won’t be quick or easy. Speaking of Twitter, if you’re not following @WageHourInsight yet, why not? I find lots of interesting tidbits every day that don’t...more

Pullman & Comley - Labor, Employment and...

What is a Workday?

Connecticut has an interesting statute, Conn. Gen. Stat. 31-21, which declares that “eight hours of labor performed in any one day by any one person shall be a legal day’s work unless otherwise agreed.” But what is the...more

Troutman Pepper

Three Requirements For New York Employers In The New Year

Troutman Pepper on

This is a friendly reminder to clients employing workers in New York that they need to comply with the annual pay notice requirement of the state’s Wage Theft Prevention Act (WTPA) by February 1, 2014. As with previous years,...more

Mintz - Employment, Labor & Benefits...

Winter Weather Woes: What are My Obligations to Pay Employees During Inclement Weather?

Last week’s “polar vortex” brought record low temperatures to many parts of the country and shut down offices in numerous cities. Estimates suggest that the frigid weather could cost the U.S. economy up to $5 billion. We have...more

Fisher Phillips

You Choose: Time Or Money?

Fisher Phillips on

According to the U.S. Bureau of Labor Statistics, almost 60% of American workers are paid an hourly wage. Many of these workers are employed by companies who offer little in the way of paid time off such as sick time,...more

Fisher Phillips

"Lawsuits -- I Get It! But What Should We DO?"

Fisher Phillips on

"Wage-hour lawsuits are booming," trumpets one recent report after another, and this is certainly true. The risk of high-exposure wage claims against an employer is greater than ever. ...more

Pullman & Comley - Labor, Employment and...

Supreme Court Hears Argument on Latest “Donning” and “Doffing” Wage Case

Thursday, the United States Supreme Court heard argument in another “donning and doffing” case. Donning and doffing refers to the need for employees to put on (“don”) and take off (“doff”) clothing as part of their job. The...more

Foley & Lardner LLP

Big Money Wage-and-Hour Claims: Avoiding FLSA Collective Actions

Foley & Lardner LLP on

Despite an overall decrease in the number of civil cases filed in federal court in 2012, one type of case saw a big jump: Actions under the Fair Labor Standards Act rose nearly 29 percent in 2012....more

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