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John E. Thompson

John E. Thompson

Fisher & Phillips LLP


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Quick Quiz: Day-Rate Pay Plans

The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each...more

5/8/2013 - Day-Rate Pay FLSA Wage and Hour Wages

You Never Heard Of The "Training Wage"?! (Updated 04/19/13)

Pressure continues to mount for raising the federal Fair Labor Standards Act's minimum wage in three stages from the current $7.25 per hour to (so far) $10.10 per hour. Under pending proposals, the rate would thereafter be...more

4/19/2013 - FLSA Minimum Wage Wage and Hour

USDOL Still Barred From Challenging "Service Writer" Exemption

Readers will recall that, in April 2011, the U.S. Labor Department declined to adopt an interpretation proposed in 2008 that would have acknowledged the federal Fair Labor Standards Act overtime-exempt status of employees...more

4/12/2013 - Car Dealerships DOL Exempt-Employees FLSA Over-Time Service Writer

Why Isn't The FLSA Minimum Wage $33 An Hour?

U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act's $7.25-per-hour minimum wage has not already increased over time to the level of $22 an hour. A...more

3/26/2013 - Elizabeth Warren Federal Poverty Line FLSA Minimum Wage Wage and Hour

Comment Submitted On USDOL's Proposed Worker Survey

As we have been reporting, March 12 was the deadline for submitting comments regarding the U.S. Labor Department's proposal "to collect information about employment experiences and workers' knowledge of basic employment laws...more

3/13/2013 - DOL Misclassification

Risks Of "Internship" Claims And Liability Still Increasing

We have warned for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the internship "season" is...more

3/1/2013 - Charlie Rose Elite Model Management Corp FLSA Hiring & Firing Internships Unpaid Interns

No USDOL Response To Request For Worker "Survey"

Readers will recall our January post concerning the U.S. Labor Department's announced intention to "to collect information about employment experiences and workers' knowledge of basic employment laws and rules so as to better...more

2/20/2013 - DOL Misclassification Right To Know Surveys

USDOL Provides Enforcement Statistics On FLSA Breastmilk-Break Requirement

The U.S. Labor Department recently responded to our July 2012 Freedom of Information Act request for documents relating to its enforcement of the federal Fair Labor Standards Act's Section 7(r)....more

1/28/2013 - Affordable Care Act Breastfeeding DOL FLSA Rest and Meal Break

"Right to Know" Back On The Table?

As we speculated in November, the U.S. Labor Department apparently does intend to reinvigorate its so-called "Right to Know" initiative. This vague and ambiguous proposal first surfaced in 2010 but was eventually shelved....more

1/21/2013 - DOL FLSA Misclassification Right To Know

Overtime Work Is Not A By-The-Job Matter

Recent reports have described more than one scenario in which an employer violated the federal Fair Labor Standards Act because the employer failed to recognize that non-exempt employees' hours worked over 40 were overtime...more

1/2/2013 - FLSA Non-Exempt Employees Over-Time Wages

Is It OK To "Round" An Employee's Worktime?

For many years, some employers have chosen to "round" non-exempt employees' time entries in computing their wages. News items in recent days have reported on a California appellate court's ruling in See's Candy Shops, Inc. v....more

12/1/2012 - DOL Rounding Wage and Hour

REMINDER: Holiday "Volunteer" Services Might Be FLSA Employment

Volunteerism is again on the upswing as the holiday season enters its most-intense period. Businesses and other organizations should reacquaint themselves with the principles summarized in our November 2011 post cautioning...more

11/27/2012 - FLSA

The Post-Election Wage-Hour Landscape

Now that the election is behind us, employers should consider what they might anticipate in the field of wage-hour law, which is already one of the largest sources of employment-law claims. While the nature and number of the...more

11/13/2012

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