Doug Hass

Doug Hass

Franczek Radelet P.C.

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Supreme Court Declines to Hear Severance Agreement FLSA Collective Action Waiver Case

The Supreme Court has declined to grant review of a Sixth Circuit decision that cast significant doubt on the effectiveness of an employee’s waiver of Fair Labor Standards Act (FLSA) collective action rights. Last summer, the...more

5/15/2015 - Arbitration Collective Actions FLSA SCOTUS Severance Agreements Unpaid Overtime Wage and Hour

Second Circuit Extends FLSA Anti-Retaliation Provision to More Oral Complaints

On April 20, the Second Circuit filled a gap left open by the Supreme Court by extending the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions to oral complaints made to an employer (rather than just complaints...more

5/7/2015 - Anti-Retaliation Provisions DOL EEOC FLSA Wage and Hour Wrongful Termination

DOL Sends New FLSA Regulations to OIRA for Final Review Before Draft Publication

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). Yesterday, we received word that the DOL has completed a draft of...more

5/6/2015 - Administrative Procedure Act DOL FLSA OIRA Unpaid Overtime Wage and Hour

Wage and Hour Basics Series: Penalties for FLSA Non-Compliance

Periodically this year, we have discussed some of the fundamentals of wage and hour law, starting with a general review of the white collar exemptions. We will continue to periodically review some of the more fundamental...more

5/1/2015 - Corporate Counsel Employer Liability Issues Enforcement Exempt-Employees FLSA Liquidated Damages Wage and Hour

Department of Labor Says "Transparent Government" Begins With...Transparent Data about Businesses?

We’ve reached almost the end of April, and the long delayed, new FLSA regulations are still percolating somewhere in deep inside the DOL. So what has the agency been up to instead? Last month, as part of the annual “Sunshine...more

4/29/2015 - Corporate Counsel Data Collection DOL EBSA Enforcement Actions FLSA OFCCP OSHA Public Disclosure Transparency Wage and Hour

Reimbursing Employees for Business Expenses: The FLSA Kickback Rule [Wage & Hour FAQs]

Over the last month, Domino’s has been in the news for some of the wrong reasons, with not one but two Fair Labor Standards Act (FLSA) class action lawsuits alleging that two large Domino’s franchisees paid delivery drivers...more

4/24/2015 - Class Action Delivery Drivers Dominos Fast-Food Industry FLSA Franchisee Franchises Kickbacks Reimbursements Restaurant Industry Wage and Hour Wage Theft

Some Additional Thoughts on "Half-Time" Overtime: The Fluctuating Workweek Method

Last week, we discussed the fluctuating workweek method and its possible benefits. Remember that the fluctuating workweek method is not a "save lots of overtime expenses method." Employers who use the fluctuating workweek to...more

4/21/2015 - Best Management Practices Employer Liability Issues FLSA Fluctuating Workweek Wage and Hour Work Schedules

"Half-Time" Overtime: The Fair Labor Standards Act's Fluctuating Workweek Method [Wage & Hour FAQs]

In the past, we have discussed how to calculate paying overtime to salaried, non-exempt employees, including those employees who also receive commissions. One area that we have not touched on is a potentially employer and...more

4/17/2015

9th Circuit Splits with 4th, 5th Circuits, Finds Auto Dealer Service Advisors Not Exempt Under FLSA

Reversing a district court decision, and declining to follow decisions from a number of other courts, including the Fourth and Fifth Circuits, the Ninth Circuit has deferred to the Department of Labor's (DOL) "flip-flopped"...more

4/15/2015 - Appeals Car Dealerships Chevron Deference DOL Employer Liability Issues Exempt-Employees FLSA Perez v Mortage Bankers Assoc Service Advisors Wage and Hour

Alternatives to the H-1B Visa: A New L-1B Adjudication Standard?

As expected, the United States Citizenship and Immigration Services (USCIS) announced that it has met the FY2016 H-1B cap during the first week of the new filing season. Over the next few weeks, many employers who filed H-1B...more

4/10/2015 - Corporate Counsel H-1B L-1 Visas L-1B Lottery Multinationals Specialized Knowledge USCIS Visa Caps Visas

When Paying Accrued "Vacation" at Termination, Labels Don't Matter [Wage & Hour FAQs]

In recent years, I have noticed a movement away from the traditional categories of “vacation” and “sick” leave and holidays to hybrids like PTO, holiday hours, and personal days. While those new categories provide greater...more

4/9/2015 - Accrued Benefits Hiring & Firing Termination Wage and Hour

Lesser Known Exemptions: The "Ministerial" Exception to the FLSA

Last week, in my post about the impact of the various iterations of the Religious Freedom Restoration Act (RFRA) on wage and hour law, we discussed the general rule that the FLSA does not contain blanket exceptions or...more

4/7/2015 - Exceptions FLSA Ministerial Function RFRA Wage and Hour

The Religious Freedom Restoration Act (RFRA) and Wage and Hour Law

Unless you are living under a rock, you are probably aware of the uproar in Indiana about the Religious Freedom Restoration Act that the state passed, triggering an incredible backlash inside and outside the state and a rush...more

4/3/2015 - FLSA Legislative Agendas Medicare Taxes RFRA Social Security Taxes Wage and Hour Withholding Tax

"Sharing Economy" Jobs Share Same Independent Contractor Issues as "Regular Economy"

A CNN op-ed piece caught my eye recently as it discussed some of the difficulties the so-called millennial generation is having in Silicon Valley and elsewhere when it comes to finding gainful employment. It paints a very...more

3/31/2015 - Class Action Independent Contractors Lyft Millennials Sharing Economy Uber Wage and Hour

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 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

144 Results
|
View per page
Page: of 6

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×