Doug Hass

Doug Hass

Franczek Radelet P.C.

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Captain Obvious Issues Most Obvious FLSA Decision of 2015 (So Far...)

It happens every year: I read a decision from a federal judge about the federal Fair Labor Standards Act and shake my head that it actually took litigation to resolve such an obvious question. It is only March, but 2015...more

3/27/2015 - Community Service Criminal Penalties Employee Definition FLSA Volunteers

DOL Secretary Tells Congress New FLSA Regulations Are Delayed, Outlines Department Priorities

Last week, Secretary of Labor Thomas Perez testified during a hearing held by the House Education and Workforce Committee to discuss President Obama’s budget proposal for the Department of Labor. Secretary Perez’s testimony...more

3/24/2015 - DOL FLSA Secretary of Labor Wage and Hour

Maryland Appeals Court Casts Doubt On Forum Selections Clauses in Wage Payment Disputes

Recently, the Maryland Court of Appeals took the position, albeit in dicta, that the state’s Wage Payment and Collection Law reflects a “strong” public policy of Maryland and urged Maryland courts to reject as unenforceable...more

3/19/2015 - Employment Contract Forum Selection Clause Public Policy Wage Payment and Collection Act

February Comes and Goes with No Action by DOL on New FLSA Regulations

The calendar has flipped from February to March, but there is still nothing from the Department of Labor regarding new regulations governing the Fair Labor Standards Act. Don’t worry, you haven’t missed anything. The DOL...more

3/17/2015 - DOL FMLA Wage and Hour

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to...more

3/13/2015 - Agricultural Workers Agriculture Construction Industry Construction Workers Contractors Corporate Counsel Employer Liability Issues FLSA Immigration Liquidated Damages Undocumented Immigrants

Supreme Court Rejects Notice and Comment Rulemaking Requirement for Agency Interpretations

In a case we labeled one of the “cases to watch” this term, a relatively unified Supreme Court decided in Perez v. Mortgage Bankers Association that a federal agency does not need to engage in notice-and-comment rulemaking...more

3/11/2015 - Administrative Procedure Act DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers

Last week, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil, who we have profiled in the past, announced on the DOL’s blog that WHD recovered more than $240 million dollars from employers on...more

3/3/2015 - DOL Employer Liability Issues FLSA Wage and Hour

Wage and Hour Basics Series: The FLSA Overtime Exemptions

Last month, we debuted our series on wage and hour basics with a review of the white collar exemptions. As the Department of Labor gets ready to issue revised FLSA regulations, we will continue take a look at some of the more...more

2/27/2015 - DOL Exempt-Employees FLSA Unpaid Overtime Wage and Hour

Employee's Failure to Report Off the Clock Work Not a Total Defense Says 11th Circuit

Last summer, we highlighted an example of how good recordkeeping practices can result in a favorable decision. In the Kaiser Foundation Health Plan case, the employer successfully defended an “unauthorized overtime” claim...more

2/24/2015 - Best Management Practices Employer Liability Issues Employment Policies Kaiser Permanente Unpaid Overtime Wage and Hour

The Story of the Missing Dollar: (Mis)Applications of the Pay Period Leap Year

When I was a kid, my grandpa (a trained biochemist) used to teach me how to burn things and blow things up with my little home chemistry set. But that’s a story for another time. He also used to tell me a story that I never...more

2/19/2015 - Corporate Counsel Employer Liability Issues Pay Period Leap Year Wages

Predictable Scheduling: The Next FLSA Frontier?

As if the DOL’s new Fair Labor Standards Act regulations weren’t enough to fill your plate this year, a recent interview (subscription required) that the DOL’s Wage and Hour Division Administrator David Weil gave to BNA’s...more

2/17/2015 - DOL FLSA Wage and Hour Work Schedules

The Pay Period Leap Year Redux: Don't Leap If It Isn't Your Year!

At the end of last year, we discussed the Pay Period Leap Year and what it means for employers. If your first weekly paychecks will issue on Thursday, January 1, 2015, you will have a fifty-third pay period on December 31,...more

2/13/2015 - Corporate Counsel

Furious Lobbying Continues Ahead of New FLSA Regulations

If you read this blog regularly, you know that since last spring, we have been telling you about what to expect from the new Fair Labor Standards Act regulations. The regulations were delayed, but what we expect hasn’t...more

2/10/2015 - Employer Liability Issues Exempt-Employees FLSA Legislative Agendas Lobbying Proposed Regulation

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 2]

In our last post, we looked at the rules governing volunteers at for-profit entities. As we discussed, for-profit organizations have almost no latitude to accept volunteer services. However, nonprofit employers face a more...more

2/3/2015 - Employee Definition Employer Liability Issues FLSA Non-Profits Volunteers Wage and Hour

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

1/28/2015 - Filing Deadlines Filing Season Foreign Nationals H-1B Highly-Skilled Workers Visa Hiring & Firing Popular USCIS Visa Caps Visas

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 1]

Over the past year or so, we have discussed the Fair Labor Standards Act’s application to both paid interns and unpaid interns, as well as independent contractors. One area we have covered briefly in the past, but not...more

1/27/2015 - Employee Definition Employer Liability Issues FLSA Volunteers Wage and Hour

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

As we have discussed over the past few weeks, the NLRB was busy as 2014 drew to a close. On December 11, 2014, the Board overruled its Register Guard decision in Purple Communications, establishing a new standard that...more

1/23/2015 - DOL Email Employer Liability Issues Employer Mandates LMRDA NLRB Political Appointments Protected Concerted Activity Purple Communications Reporting Requirements Unions

Hints About New FLSA Regulations Begin to Emerge: Minimum Salary May Double

Last spring, I made some predictions about what the new FLSA regulations would likely include when they were finally released. The regulations were delayed, but what we expect hasn’t changed, as I explained in November. On...more

1/20/2015 - Exempt-Employees FLSA Legislative Agendas Minimum Salary

FLSA Minimum Wage, Overtime Lawsuits Smash Records in 2014, Sharp Growth Continues

The dawning of a new year means it is time to look back at the number of cases filed in federal courts during the past year under the Fair Labor Standards Act. Every year seemingly without fail, that number goes up. 2014 was...more

1/16/2015 - Corporate Counsel DOL Employer Liability Issues Employer Mandates Enforcement Statistics FLSA Minimum Wage Wage and Hour

Wage and Hour Basics Series: The FLSA Overtime Exemptions

While we regularly discuss many of the nuances of wage and hour law generally and the Fair Labor Standards Act in particular here on the blog— it is also important to focus on the basics. Periodically over the next several...more

1/13/2015 - DOL Exempt-Employees Exemptions FLSA Unpaid Overtime Wage and Hour

Insurance Industry Wins Temporary FLSA Exemption for Insurance Adjusters in CRomnibus

On Tuesday, we discussed Congress’s passage of the Consolidated and Further Continuing Appropriations Act, 2015, nicknamed CRomnibus in the waning days of the 2014 legislative session. The omnibus spending bill avoided...more

1/9/2015 - Adjusters Appropriations Bill Claims Adjusters DOL Employer Liability Issues Exempt-Employees FLSA Insurance Companies Insurance Industry Trucking Industry Unpaid Overtime Wage and Hour

Department of Labor, Trucking Industry Big Winners in Congress's CRomnibus Bill

In the run-up to the holidays, Congress rushed a Continuing Resolution (CR) to President Obama's desk entitled the Consolidated and Further Continuing Appropriations Act, 2015. The omnibus spending bill, nicknamed...more

1/6/2015 - Appropriations Bill Commercial Truck Drivers DOL FLSA Trucking Industry Wage and Hour

The Pay Period Leap Year: Handling an Extra Pay Period in 2015

When I was a kid, my parents taught me the traditional Mother Goose rhyme to remember how many days each month had: “Thirty days hath September, April, June, and November. All the rest have 31….Except for February.” It always...more

12/30/2014 - Corporate Counsel Wages Year-End Planning

Adventures in Rounding: What if the "Rounding" Doesn't Happen at the Time Clock? [Wage & Hour FAQ]

This past spring, I discussed rounding time clock punches (usually automatically with a time clock system) at the beginning and end of a shift. To recap briefly, rounding is the practice of adjusting time clock punch times...more

12/23/2014 - Employer Liability Issues Rounding Wage and Hour Wages

Not Every Employee is Covered by the FLSA, But You're Not Off the Hook Just Yet

If you read this blog, attend presentations on wage and hour issues, or just shudder every time you read about another overtime or minimum wage lawsuit, you might assume that all employees are covered by the federal Fair...more

12/22/2014 - Corporate Counsel Employer Liability Issues FLSA Wage and Hour

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