John E. Thompson

John E. Thompson

Fisher & Phillips LLP

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2nd Circuit Amends Unpaid-Internship Opinion

Readers will recall that, last July, the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) adopted a "primary benefit" framework for determining whether a for-profit entity's...more

1/29/2016 - Corporate Counsel FLSA Fox Searchlight Pictures Internships Unpaid Interns Wage and Hour

What Is A "Percentage Bonus"?

Overtime wages for employees subject to the federal Fair Labor Standards Act's overtime requirement must be based upon the "regular rate" of pay. This is an hourly rate that is normally determined by dividing the total wages...more

1/12/2016 - Bonuses DOL FLSA Non-Exempt Employees Unpaid Overtime Wage and Hour White-Collar Exemptions

Employers Left Waiting For New Exemption Regs: Explaining The What, Why And When

In July 2015, the U.S. Department of Labor (USDOL) published proposed regulations that could alter whether you may or should treat employees as being exempt from the minimum-wage and overtime requirements of the federal Fair...more

1/6/2016 - DOL Exempt-Employees FLSA Proposed Regulation Wage and Hour

Pushback Against USDOL's Exemption Proposals

The period for public comment on the U.S. Labor Department's proposed revisions in the regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions ended on September 4. Nevertheless, efforts are...more

12/14/2015 - DOL FLSA Minimum Salary Wage and Hour White-Collar Exemptions

USDOL Is "Reaching Out" To Retail Workers

Employers in the retail industry take note: The U.S. Labor Department's Wage and Hour Division has announced that it is "reach[ing] out to [retail] workers to educate them about their rights" under the federal Fair Labor...more

12/3/2015 - DOL Employer Liability Issues FLSA Retailers Wage and Hour

LATEST UPDATE: When Will The Exemption Changes Occur?

The U.S. Labor Department's most-recent semi-annual regulatory agenda shows a July 2016 "Final Rule" timeframe for the revised regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions....more

11/23/2015 - DOL FLSA Unpaid Overtime Wage and Hour White-Collar Exemptions

UPDATE: When Will The Exemption Changes Occur?

Since our recent post on this topic, U.S. Solicitor of Labor M. Patricia Smith has appeared at the annual conference of the American Bar Association's Labor & Employment Law Section. Some of her remarks indicate that the U.S....more

11/17/2015 - DOL Exemptions Final Rules FLSA

Quick Quiz Answer: Part-Time Exempt Status

The answer to our November 6, 2015 Quick Quiz is, "No". Under the new arrangement, Bigtown Computer Corporation could not continue to treat Tom as being exempt from the federal Fair Labor Standards Act's minimum-wage and...more

11/16/2015 - FLSA Minimum Wage Unpaid Overtime Wage and Hour White-Collar Exemptions

Quick Quiz: Part-Time Exempt Status

Tom is the Department Manager for Bigtown Computer Corporation's ten-employee Research and Development department. Bigtown treats him as being exempt from the federal Fair Labor Standards Act's minimum-wage and overtime...more

11/9/2015 - Minimum Wage Part-Time Employees Unpaid Overtime Wage and Hour White-Collar Exemptions

When Will The Exemption Changes Occur?

One of the most-pressing questions for employers at the moment is when the U.S. Labor Department will finalize changes in its definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Some have...more

10/26/2015 - DOL FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Nursing Mother's USDOL Claim Settled

The U.S. Labor Department reports that a temporary-staffing employee has received $1,152 in back-wages and unspecified "other damages" for what it contended was a violation of the federal Fair Labor Standards Act's Section...more

10/7/2015 - Back Pay Breastfeeding Discrimination DOL FLSA Liquidated Damages Reasonable Accommodation Staffing Agencies Temporary Employees Wage and Hour

Firm Critiques USDOL's Exemption Initiative

Last Thursday, Fisher & Phillips filed its own extensive comments on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. The firm's presentation...more

9/11/2015 - Compliance DOL Final Rules FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Comment Period Will Not Be Extended

There will be no extension of the original 60-day period for commenting on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. U.S. Wage and Hour...more

9/2/2015 - Comment Period Compliance DOL FLSA FOIA Minimum Salary Minimum Wage OIRA Wage and Hour White-Collar Exemptions

Evaluating USDOL's Proposals: Avoid Dangerous Assumptions

Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary...more

8/21/2015 - DOL Exempt-Employees FLSA Minimum Salary Unpaid Overtime White-Collar Exemptions

Exemption Comments Already Being Filed

Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about...more

8/12/2015 - DOL FLSA FOIA Minimum Salary Obama Administration OIRA Unpaid Overtime Wage and Hour White-Collar Exemptions

Beware Offering "Examples" In Comments To USDOL

Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September 4, 2015. USDOL is...more

8/3/2015 - Administrative Procedure Act DOL Financial Institutions FLSA Minimum Salary SCOTUS Unpaid Overtime Wage and Hour White-Collar Exemptions

Evaluating The Impact Of USDOL's Salary Proposal

The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or a derivative exemption...more

7/13/2015 - Compliance DOL FLSA Minimum Salary Minimum Wage NPRM Unpaid Overtime Wage and Hour White-Collar Exemptions

Court Adopts "Primary Benefit" Unpaid-Intern Analysis

We have been following developments in Glatt v. Fox Searchlight Pictures since former unpaid interns filed the lawsuit in 2011 seeking (among other things) back-wages under the federal Fair Labor Standards Act. In June 2013,...more

7/8/2015 - FLSA Fox Searchlight Pictures Internships Misclassification Unpaid Interns

Proposed Regulations Published - Salary Floor Would Be Doubled

At long last, the anxiously-awaited proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been...more

7/1/2015 - DOL Exempt-Employees FLSA Multi-Factor Test NPRM Wage and Hour White-Collar Exemptions

DOL Proposes Momentous New Wage-Hour Regs

The anxiously awaited proposed changes in regulations defining the federal Fair Labor Standards Act’s Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been published by...more

7/1/2015 - DOL Exempt-Employees FLSA Multi-Factor Test NPRM Wage and Hour White-Collar Exemptions

Another Study Urges Restricting Employers' Scheduling Options

As we anticipated, another report – this one from DC Jobs With Justice, the Jobs With Justice Education Fund, the DC Fiscal Policy Institute, and the Georgetown University Department of Government – asserts that District of...more

6/30/2015 - Part-Time Employees Wage and Hour Work Schedules

Exemption Proposals Apparently Still Under Review

It has been widely anticipated that the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative...more

6/19/2015 - DOL Exempt-Employees FLSA Human Resources Professionals Wage and Hour

Expect USDOL Independent-Contractor "Clarification" This Summer

Employment Law360 recently reported U.S. Wage and Hour Division Administrator David Weil's announcement that he will soon release an Administrator Interpretation stating "a very clear set of criteria" delineating the agency's...more

6/18/2015 - DOL FLSA Independent Contractors Statutory Interpretation Wage and Hour

"Fair Pay and Safe Workplaces" Provisions Proposed

The U.S. Labor Department, the Defense Department, the General Services Administration, and NASA have jointly published proposed requirements and related guidance under Executive Order 13673, the "Fair Pay and Safe Workplaces...more

6/10/2015 - Comment Period Department of Defense (DOD) DOL Employer Mandates Fair Pay and Safe Workplaces NASA

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

6/4/2015 - DOL FLSA Wage and Hour Work Schedules

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