Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Understanding the New Overtime Tax Policies in the Big Beautiful Bill
Is the Four-Day Workweek Really a Benefit? What’s the Tea in L&E?
Constangy Clips Ep. 11 - Summer Interns and Short-Term Workers: 3 Tips for Managing Seasonal Hires
Navigating Contractor vs. Employee Classification
The Evolution of Equal Pay: Lessons From 9 to 5 — Hiring to Firing Podcast
Keeping Up with Exemption Threshold Regulations
Constangy Clips Ep. 6 - Federal Court Blocks DOL Rule: What Employers Need to Know
What's the Tea in L&E? DOL Drama: Court Vacates Overtime Expansion Rule
Employment Law Now VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases
#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®
The Burr Broadcast: FLSA Overtime Exemption
What's the Tea in L&E? Alert: Salary Threshold for Exempt Employees Increases to $58,656
VIDEO: Major Changes Coming for Employers
#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment Law This Week®
The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
The Burr Broadcast: Proposed Expanded Overtime Rule
Podcast: California Employment News - The Basics of Pay Exemptions
California Employment News: The Basics of Pay Exemptions
Many employers unknowingly classify employees as exempt from overtime pay or fail to correctly calculate wages and, in some cases, entitlement to unpaid leave time. This can result in significant liability under the Fair...more
Tech employers have a wide range of workers, which increases the risk of misclassifying employees as exempt from overtime pay. Since violations of the Fair Labor Standards Act (FLSA) can result in significant penalties and...more
Classification of employees under the Fair Labor Standards Act (FLSA) remains a high-risk area where employers can easily misstep, potentially incurring thousands of dollars in overtime pay, liquidated damages, attorneys...more
On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act ("FLSA"). ...more
In an important opinion for employers defending against misclassification claims, the Supreme Court has issued its first major employment law decision of the current term in EMD Sales v. Carrera, with two other marquee...more
Auto dealerships employ a wide range of workers and often maintain a variety of complex pay plans, which can make compliance with federal wage and overtime rules extra challenging. Since violations of the Fair Labor Standards...more
A recent decision by the U.S. Supreme Court solidified the evidentiary standard of proof for federal wage law disputes where employers seek to establish their employees are appropriately classified as exempt under the Fair...more
In E.M.D. Sales, Inc. v. Carrera, the Supreme Court decided the burden of proof an employer must meet to prove that an employee is exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act. The...more
Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more
In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more
Federal wage and hour officials have trained their attention on healthcare employers in the Southeastern United States – and we expect this scrutiny to continue into the new year. The past year alone saw the Department of...more
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...more
Colleges and universities are feeling the heat after recent increases to the salary threshold for employees to be exempt from overtime pay under federal wage and hour law. The new rules may have significant implications for...more
We frequently encounter situations where employers classify their salesforce that primarily sells through telephone and internet means as salaried exempt employees, primarily for purposes of overtime and minimum wage payment...more
Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more
Under the federal Fair Labor Standards Act (FLSA), employees are classified as “exempt” or “non-exempt.” Employers covered under the FLSA must pay non-exempt employees at least the minimum wage for every hour they work and...more
The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually. The proposed rule would also raise the threshold for “highly compensated...more
FAIR LABOR STANDARDS ACT (FLSA) OVERVIEW - The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular...more
Plaintiff lawyers are always asserting that every single alleged wage hour violation is “willful” so when they start negotiating a settlement (or trying to) they always start from that position, i.e. an extra year of...more
Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more
Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more
When determining whether an employee qualifies for a minimum wage and overtime exemption under the Fair Labor Standards Act, employers often quickly rule out most of the available exemptions. For example, the executive...more
The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption. The agency was going to announce its plans in April but it has been...more
One of the chief concerns for any employer is determining the proper exemption status of its workers to ensure compliance with federal, state, and local wage and hour laws. Getting the exemption status of an employee...more