John E. Thompson

John E. Thompson

Fisher & Phillips LLP

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Timekeeping For Exempt Employees

Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it depends. Is...more

5/20/2015 - Employer Liability Issues Exempt-Employees FLSA Timekeeping Wage and Hour

FLSA Exemption Revisions Sent To OMB

U.S. Secretary of Labor Tom Perez has announced that proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have...more

5/7/2015 - DOL Exempt-Employees FLSA OMB Proposed Amendments Public Comment Secretary of Labor Wage and Hour

FLSA Exemption Changes: More On Salaried-Employee Alternatives

Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more

5/4/2015 - Exempt-Employees FLSA Fluctuating Workweek Unpaid Overtime Wage and Hour

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees

No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this...more

4/28/2015 - DOL Exempt-Employees FLSA Wage and Hour

"Predictable Scheduling" Concept Gaining Momentum

In late January, we reported on U.S. Wage and Hour Division Administrator David Weil's comments that the agency is considering whether the federal Fair Labor Standards Act somehow entitles employees to "predictable...more

4/16/2015 - Corporate Counsel Fast-Food Industry FLSA Hospitality Industry Regulatory Agenda Restaurant Industry Wage and Hour Work Schedules

Must Management Justify Treating Exempt Employees As Non-Exempt?

For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and overtime requirements. However,...more

4/13/2015 - Exempt-Employees FLSA Non-Exempt Employees Supervisors Wage and Hour

"No Opinion Letters" Policy Reaffirmed

From the federal Fair Labor Standards Act's inception in 1938, employers sought, and officials of the U.S. Labor Department's Wage and Hour Division provided, official written explanations of how that law works in particular...more

3/18/2015 - DOL FLSA Opinion Letter

FLSA Exemption Changes: A Possible "Plan B" For Retailers

Expectations are that the U.S. Labor Department's proposed regulations re-defining the federal Fair Labor Standards Act's executive, administrative, professional, outside-sales, and derivative exemptions will be released in...more

2/27/2015 - DOL Employer Liability Issues Exempt-Employees FLSA Proposed Regulation Wage and Hour

"Tipped Minimum Wage" Nonsense Continues

A recent post appearing on U.S. Labor Department's blog begins, "The federal tipped minimum wage has been $2.13/hour since 1991. That's right - it's been the same for nearly a quarter century." Actually, that's wrong....more

2/17/2015 - DOL FLSA Minimum Wage Tipped Employees Wage and Hour Wages

A Substantial Salary-Test Jump Is Likely

On January 28, the Economic Policy Institute announced that "noted economists and a former Secretary of Labor" had written to U.S. Secretary of Labor Thomas Perez to propose an increased salary threshold of around $960 a week...more

2/5/2015 - DOL Exempt-Employees FLSA Legislative Agendas Proposed Regulation Wage and Hour Wages

"Predictable Scheduling": An Undiscovered FLSA "Right"?

U.S. Wage and Hour Division Administrator David Weil reportedly has said that the Division is "looking very actively at" the question of whether workers should be legally entitled to "predictable scheduling". In recounting...more

1/30/2015 - DOL FLSA Retailers Wage and Hour Work Schedules

FLSA Insurance-Adjuster Overtime Exception Buried In Appropriations Bill

Section 111 of the recently-enacted "Department of Labor Appropriations Act, 2015" directs that the federal Fair Labor Standards Act "shall be applied as if" there is an overtime exclusion for certain workers who are employed...more

12/19/2014 - Appropriation Act Claims Adjusters DOL Employer Liability Issues FLSA Insurers Popular Qualified Disaster Relief Payments Unpaid Overtime

Interim "Contractor Minimum Wage" Acquisition Rules To Be Released

The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration have announced that they will soon publish interim Federal Acquisition Regulation amendments designed to...more

12/15/2014 - DOD FAR Federal Contractors GSA Minimum Wage NASA

Pre-Departure Security Screening Not FLSA Worktime

The U.S. Supreme Court ruled yesterday that the time non-exempt employees spent in connection with an end-of-workday security screening before leaving the premises did not count as worktime under the federal Fair Labor...more

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

Will The President's Immigration Initiative Spur FLSA Claims?

Lurking among the numerous considerations raised by President Obama's "immigration accountability" initiative are the prospects that this action will result in more allegations by or on behalf of the affected individuals that...more

12/9/2014 - Barack Obama DOL Executive Orders FLSA Immigration Reform Undocumented Immigrants Wage and Hour

FLSA Exemptions And "Fighting Poverty"

We have written previously about President Obama's directive to change the requirements for who falls within the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions for executive, administrative, and...more

12/1/2014 - DOL Exempt-Employees FLSA Minimum Wage

Minimum-Wage Initiatives Further Disfavor Nationwide Action

Earlier this week, several states and localities voted in favor of increasing their minimum-wage rates. Right on cue, many (including U.S. Labor Secretary Perez) seized upon these results as ostensibly supporting an increase...more

11/10/2014 - DOL FLSA Minimum Wage

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

11/3/2014 - Compliance Corporate Counsel Employee Rights Employer Liability Issues FLSA Fluctuating Workweek Wage and Hour Wages

Segregating Worktime For Purposes Of The "Contractor Minimum Wage"

The U.S. Labor Department's voluminous final regulations "Establishing a Minimum Wage for Contractors" under Executive Order 13658 (about which we have written previously) have now been published. The provisions and related...more

10/15/2014 - Covered Contracts DOL Employer Liability Issues Executive Orders Federal Contractors Final Rules Minimum Wage

Quick Quiz Answer: Pay For Being In On-Call Status

The answer to our September 22, 2014 Quick Quiz is, "Yes, even though the payments are not tied to the on-call hours he works." In declining percentage order, the responses were...more

10/1/2014 - Employee Rights On-Call Employees Wage and Hour Wages

Quick Quiz: Pay For Being In On-Call Status

Chris is a non-exempt computer Help Desk employee. During one workweek of each calendar quarter, after his normal shift ends he leaves his workplace but is on-call for eight hours a day for each of seven days. On average,...more

9/23/2014 - Employer Liability Issues FLSA Non-Exempt Employees Over-Time Wage and Hour

Touted Developments Contradict Rationales For Minimum-Wage Increase (Updated 09 14 14)

A White House report has extoled wage-rate increases by "state legislatures and governors; mayors, county executives and city councils; and business leaders" as supposedly being compelling reasons to raise the federal Fair...more

9/16/2014 - DOL FLSA Minimum Wage Obama Administration Wages

FLSA Exemptions And "Overtime Rights"

We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive,...more

9/2/2014 - DOL Employer Liability Issues Exempt-Employees FLSA Unpaid Overtime Wage and Hour

Court "Certifies" Gawker Media Interns' Collective Action

After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential...more

8/27/2014 - Class Action Class Certification Employer Liability Issues FLSA Gawker Internships Unpaid Interns Wage and Hour

Late Payment Resulted In An FLSA Violation

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

8/14/2014 - Employee Rights FLSA Minimum Wage Over-Time Unpaid Overtime Wage and Hour Wages

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