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Coronavirus/COVID-19 › Fair Labor Standards Act (FLSA) › Employer Liability Issues

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Seyfarth Shaw LLP

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

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The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

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2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Perkins Coie

Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims

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A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more

Seyfarth Shaw LLP

Courts Begin Ruling on Compensability of Covid-19 Screening Time

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Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic. One such way the workplace changed is through the introduction of COVID-19 screening tests for...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

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U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

McDermott Will & Schulte

[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

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Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed...more

Proskauer - Law and the Workplace

Federal District Court Says Pre-Shift COVID Screening Time Not Compensable

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In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more

Fox Rothschild LLP

Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?

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What employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive. If they do not, they are not paying properly. ...more

Constangy, Brooks, Smith & Prophete, LLP

Looking back at 2021 and ahead to 2022

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Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Quarles & Brady LLP

What Should Employers Expect in 2022, Non-COVID Edition

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If your business employed 100 or more workers, chances are you spent a lot of time and effort understanding and preparing for the OSHA COVID-19 vaccine-or-test Emergency Temporary Standard....more

Skadden, Arps, Slate, Meagher & Flom LLP

Issues on the Horizon at the US Supreme Court: 2022 and Beyond

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Takeaways - Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies. The preemption of state employment laws by...more

FordHarrison

DOL Issues Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations

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Note: On January 24, 2022, the DOL removed Fact Sheet #84 from its website. For more information please see our follow-up Alert.  The U.S. Department of Labor (DOL) has issued Fact Sheet #84 addressing the compensability...more

FordHarrison

EntertainHR: Top 10 Most Viewed Posts of 2021

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As 2021 winds down, our EntertainHR blog approaches its seven-year anniversary next month. Therefore, in homage of what not to do in the workplace (based on examples of from television, film, and other popular media) and in...more

Seyfarth Shaw LLP

Policy Matters Newsletter - October 2021 #2

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President Biden Calls On Congress To Eliminate Subminimum Pay For Disabled Workers. The White House has called on Congress to eliminate a program under Section 14(c) of the Fair Labor Standards Act that allows employers to...more

Proskauer - Law and the Workplace

Do We Have to Pay for That?  Part 1—COVID-19 Vaccination, Testing, and Screening Activities

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In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but...more

Ward and Smith, P.A.

Show Me The Money! Wage and Hour Requirements Applied to COVID-19 Testing Time

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Recently, several of our clients have asked us whether they are required to compensate their employees for time spent going for the COVID-19 test. Fortunately, the United States Department of Labor ("USDOL") has issued...more

Bodman

Common Questions and Concerns About OSHA's Workplace Vaccine Mandate - Part 2 of 2

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President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next?  Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’...more

Kaufman & Canoles

Employment Law Update – Fall 2021

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VIRGINIA’S “VACCINATION CZAR” TO BE FEATURED SPEAKER AT K&C SEMINAR - Earlier this year, Gov. Ralph Northam appointed the Director of the Richmond City Health District, Dr. Danny Avula, as Virginia’s “Vaccination Czar” in...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on…Compensability (or Not) of COVID Screening

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Employers grappling with the many questions related to bringing employees back into the workplace safely in the midst of the COVID-19 pandemic should pay close attention to the potential wage-and-hour risks attendant to doing...more

Amundsen Davis LLC

Reminder: Time Spent Waiting In Line To Enter Or Exit Work May Be Compensable

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Employers who require employees to undergo mandatory security checks, health screenings, or similar pre- or post-shift activities take note: a growing number of courts have determined time spent waiting to undergo and...more

Jackson Lewis P.C.

While We Were Social Distancing … Heading Back To The Office In A New Virginia

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In Virginia, returning — or planning to return — to the physical workplace following the COVID-19 pandemic means ensuring employment practices comply with the Commonwealth’s significantly changing legal landscape...more

Bowditch & Dewey

Can Massachusetts Employers Offer Vaccination Incentives to Employees?

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In light of the recent expanded access to COVID-19 vaccines, many employers have considered how to encourage their eligible workforce to voluntarily receive vaccinations in lieu of mandating vaccines in the workplace. One...more

PilieroMazza PLLC

Restaurants are Prime Targets for FLSA Lawsuits: 6 Tips for Employers Relying on the Tip Credit

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The COVID-19 pandemic has been particularly difficult for the food and beverage industry.  With stay-at-home orders, operational capacity restrictions, and indoor dining limitations imposed on restaurants and bars across most...more

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