News & Analysis as of

Fair Labor Standards Act (FLSA) Compensation & Benefits Employer Liability Issues

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

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Poyner Spruill LLP

When Buying or Selling Businesses, Don't Forget About Employment and Benefits Issues

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Buying and selling the stock or assets of a business is a complicated process. There are always a number of issues to consider.  It is critical that proper attention is given to employment and benefits matters....more

Littler

Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

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Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

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On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

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The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Epstein Becker & Green

Third Circuit Reverses and Remands Donning and Doffing Dispute for Trial, Providing New Framework for the “Integral and...

On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their...more

FordHarrison

As Hurricane Ian Approaches, Employers Should Be Prepared for the Employment Law Challenges Storms Cause

FordHarrison on

Executive Summary: As Hurricane Ian bears down on Florida, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as...more

Littler

Dear Littler: Is paying employees with cryptocurrency an option?

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Dear Littler: We are a multi-state employer with operations in multiple technology hubs, including Silicon Valley and Austin. Over the past several months we have heard from multiple applicants and employees about whether the...more

Morgan Lewis

California Announces 2022 Increase in Compensation Rate for Computer Professional Exemption

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California employers must ensure that compensation rates for computer professionals meet updated salary thresholds, as of January 1, 2022. The California Department of Industrial Relations (DIR) issued a memo on October 18,...more

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

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Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Per Diems and Wages

This week, we take a look at the Court’s decision attempting to navigate the fine line between employer payments that reimburse employees for expenses—and thus need not be considered in calculating the employees’ overtime...more

Morgan Lewis

California Announces 2021 Increase in Compensation Rate for Computer Professional Exemption

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As of January 1, 2021, California employers must ensure that compensation rates for computer professionals meet the updated salary thresholds. In a memo issued on October 16, 2020 the California Department of Industrial...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Littler

FLSA Collective Action Limited by Lack of Personal Jurisdiction

Littler on

In a significant victory for employers and the principles of due process, the District of Minnesota recently joined several other federal courts around the country in holding that only workers with a connection to the forum...more

Bricker Graydon LLP

Wage and hour issues that frequently arise in the health care setting

Bricker Graydon LLP on

Given the unique characteristics of the health care space, wage and hour compliance can be particularly challenging for health care employers. Round-the-clock operations, staffing shortages and patient demands can create an...more

Epstein Becker & Green

The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

Epstein Becker & Green on

In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more

Seyfarth Shaw LLP

It’s All About Those Rates (Part I): Basic Rate of Pay

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Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Seyfarth Shaw LLP

Will Cannabis Legalization Lead To “High” Stakes Wage And Hour Litigation?

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As previously reported, the Tenth Circuit created a buzz when it found that cannabis companies need to pay overtime under the FLSA even though marijuana is illegal under Federal law....more

Seyfarth Shaw LLP

WHD Finalizes Regular Rate Regulations

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Seyfarth Synopsis: In the December 16, 2019, Federal Register, the U.S. Department of Labor’s Wage & Hour Division (WHD) published its final rule clarifying and updating the regulations governing the regular rate requirements...more

Seyfarth Shaw LLP

The Pennsylvania Supreme Court Finally Kills The Fluctuating Workweek Doctrine in Pennsylvania, Ruling That The “Half-Time” Method...

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Seyfarth Synopsis: Does Pennsylvania law permit the fluctuating workweek (“FWW”) method of paying overtime? The Pennsylvania Supreme Court has answered that question with a resounding “No, but…”...more

Troutman Pepper Locke

Pennsylvania Supreme Court Confirms That Employers Cannot Use Fluctuating Workweek Method of Calculating Overtime

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Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know? ...more

Littler

Minimum Wage, Tipped and Exempt Employee Pay in 2020: A Rates-Only Update

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Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that...more

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