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Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. I hope that our more recent...more

12/17/2014 - Corporate Counsel DOL Internships Non-Profits Private Schools Unpaid Interns

A Wolf in Sheep's Clothing is Still a Wolf: The FLSA Regular Rate and Breach of Contract

Recently, I read about a construction contractor in Los Angeles caught in the middle of litigation between its subcontractors and the city, on behalf of the subcontractor’s former employees. According to the employees, the...more

12/15/2014 - Breach of Contract Collective Actions Construction Industry Construction Workers Employer Liability Issues FLSA General Contractors Municipalities Prevailing Wages Subcontractors

NLRB Overturns Register Guard Decision Governing Employee Use of Employers’ E-mail Systems; Allows Use for Section 7 Activity by...

The National Labor Relations Board today overruled its Register Guard decision that generally prohibited employees from using their employer’s computers to engage in protected activity, and permitted employers to lawfully...more

12/12/2014 - Purple Communications

Automatic Meal Period Deductions and the FLSA [Wage and Hour FAQ]

As you know, under the FLSA, “bona fide meal periods” are not regarded as work time and can be unpaid. For a break to qualify as a bona fide meal period, “[t]he employee must be completely relieved from duty for purposes of...more

12/10/2014 - DOL Employer Liability Issues FLSA Rest and Meal Break Wage and Hour

Unanimous Supreme Court Rules Employer Need Not Pay for Worker Security Screenings: Integrity Staffing Solutions, Inc. v. Busk

In October, we profiled Integrity Staffing Solutions, Inc. v. Busk, a case asking whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA). Warehouse workers sued Integrity Staffing...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

DOL Sets February 2015 Deadline for New FLSA "White Collar" Overtime Exemption Regulations

Late last month, the Department of Labor released its Fall 2014 Agency Rule List that included a range of proposed regulations covering everything from the FMLA definition of “spouse” to labor union annual reports and...more

12/5/2014 - Barack Obama DOL Employer Liability Issues Executive Orders Exempt-Employees FLSA FMLA Rulemaking Process Spouses Unions Unpaid Overtime Wage and Hour

The Minimum Wage in 2015: Looking Ahead to State Increases, Other Changes

With the election season behind us and 2015 fast approaching, employers need to start looking ahead to the new year when, traditionally, a host of new laws take effect. As we discussed after the election, 2014 was a busy year...more

12/3/2014 - Minimum Wage New Legislation Wage and Hour

Feed Me! Thanksgiving Turkeys, Free Lunches, and Wage and Hour Law

With the Thanksgiving holiday ahead of us, we have reached the time of year where some employers start handing out Thanksgiving turkeys, holiday hams, and other gifts to employees, while others provide free or discounted...more

11/25/2014 - Anheuser-Busch Employee Benefits Employer Liability Issues FLSA Fringe Benefits Holidays IRS Wage and Hour

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

11/19/2014 - Administrative Procedure Act DOL Employer Liability Issues FLSA Interpretive Rule Loan Officer NLRB Opinion Letter Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

If I was Secretary of Labor: Fixing the FLSA with a Safe Harbor

Last week, I answered some of the questions that we have been receiving about the new FLSA regulations, but I saved one that I hear almost everywhere I go: what should the Department of Labor do with the FLSA? Last week, I...more

11/14/2014 - DOL Employer Liability Issues FLSA Safe Harbors Wage and Hour

Wage and Hour 2014 Election Results Roundup: Minimum Wage, Paid Sick Leave Big Winners

Before the election, we talked about minimum wage and paid sick leave initiatives on the rise, including some important ballot issues. With most of the results tallied, it appears that the Republicans weren’t the only big...more

11/6/2014 - Corporate Counsel Election Results Employee Rights Minimum Wage Paid Leave Sick Leave Wage and Hour Wages

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

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

11/5/2014 - Compliance DOL Employee Rights FLSA Wage and Hour Wages

Wage and Hour Cases to Watch at the Supreme Court: Part 1--Integrity Staffing

This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s...more

10/29/2014 - Conciliation DHS DHS v McLean Discrimination EEOC Integrity Staffing v Busk Mach Mining v EEOC SCOTUS Whistleblowers Young v United Parcel Service

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau...more

10/23/2014 - DOL Employee Rights Employer Liability Issues Wage and Hour Wages

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

10/17/2014 - Employee Rights H-1B Immigrants Immigration and Nationality Act Preemption Visas Wage and Hour Wages

IRS Announces Impending Tighter Enforcement of Employer-Provided Meals, Fringe Benefits

Internal Revenue Code § 119 allows employers to deduct 100% of the value of meals provided to employees when they are for the convenience of the employer, and they are furnished on the business premises of the employer. Meals...more

10/15/2014 - Corporate Counsel Employee Benefits Fringe Benefits IRS Wage and Hour Wages

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more

10/14/2014 - DOL Employee Rights Exempt-Employees FLSA Over-Time Wage and Hour Wages

Working Two Jobs to Make Ends Meet: Paying Employees Working Exempt and Non-Exempt Jobs

Back in 2012, my colleague Bill Pokorny discussed how to properly pay a non-exempt employee who worked two jobs for an employer. This past week, one of my other colleagues and I were discussing a twist on this situation: what...more

10/7/2014 - Employee Rights Exempt-Employees Non-Exempt Employees Wage and Hour Wages

Department of Labor Sends Final $10.10 Minimum Wage Rule to OMB for Approval

Back in February, we told you about President Obama’s Executive Order 13658 increasing the minimum wage for federal contractor employees. Late last week, the Department of Labor’s Wage & Hour Division (WHD) submitted its...more

9/25/2014 - DOL Federal Contractors Minimum Wage OIRA OMB Wage and Hour Wages

Not Just Minimum Wage: Proposed Paid Sick Leave Laws on the Rise, Too

Earlier this month, we told you about California’s new statewide sick leave law, which Governor Brown subsequently signed. While minimum wage increases seem to be getting the lion’s share of the press right now, proposed paid...more

9/19/2014 - Employee Rights Paid Leave Sick Leave

White-Collar Exemptions: Paying Employees' Wages in Equity, Rather than Cash

The saying goes that “Cash is King.” However, entrepreneurs often quickly learn (sometimes in painful ways) that it is Cash Flow that is really King. Run a quick Google search for “accounts receivable” financing or factoring...more

9/18/2014 - Business Ownership Compensation & Benefits Employer Liability Issues Equity Compensation Financing FLSA Popular Startups Wage and Hour

Second, Third Circuits Tighten FLSA Pleading Standards, Challenge "Barebones" Complaints

Apologies to John Steinbeck, but in some ways, both 2013 and 2014 have been the winters of FLSA plaintiffs’ discontent on the East Coast. Last summer, the Second Circuit (which covers New York, Connecticut, and Vermont)...more

9/12/2014 - FLSA Pleading Standards Pleadings Twombly/Iqbal Pleading Standard

The "Winner" and Other Losers: What "Winning" That Wage & Hour Suit Might Get You

Before the Labor Day holiday, I read on Twitter about the supposed “success” a restaurant had in defending its wage and hour practices at trial. I did a double-take. After reading the Southern District of New York’s opinion...more

9/10/2014 - Employer Liability Issues Restaurant Industry Wage and Hour Wages

Are Employers Required to Provide Holidays or Holiday Premium Pay? [Wage & Hour FAQ]

Just before the Labor Day holiday weekend, a client and reader of the blog asked me an even more fundamental question: do we have to provide employees with time off for holidays, whether with or without pay, or pay employees...more

9/8/2014 - Corporate Counsel Employee Rights Holiday Pay Holidays

California Becomes Second State to Offer Paid Sick Leave

Over the holiday weekend, California became only the second state (after Connecticut, which began granting paid sick leave in 2012 and just passed more tweaks to it) to guarantee at least some annual paid sick leave for most...more

9/4/2014 - Employee Rights Paid Leave Popular Sick Leave

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