John E. Thompson

John E. Thompson

Fisher & Phillips LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

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

USDOL Brief Elaborates Upon "Intern" Views

We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act purposes. ...more

7/21/2014 - Corporate Counsel DOL Employee Rights FLSA Internships Unpaid Interns

Quick Quiz Answer: FLSA Child-Labor Restrictions (Driving)

The best answer to our July 3, 2014 Quick Quiz is, "This is true under some circumstances." In declining percentage order, the responses were: - "This is never true.": (60.7%) - "This is true under some...more

7/15/2014 - Child Labor Employer Liability Issues FLSA

Quick Quiz: FLSA Child-Labor Restrictions (Driving)

Under the federal Fair Labor Standards Act, may 17-year-old employees drive vehicles on public roads in performing work for their employers, provided that they do not drive...more

7/7/2014 - Child Labor Employer Liability Issues FLSA

Court Awards Fees And Costs Against USDOL

A Texas federal court has ordered the U.S. Labor Department to pay more than $560,000 in attorney's fees, paralegal fees, and travel expenses growing out of litigation under the federal Fair Labor Standards Act. USDOL...more

6/26/2014 - DOL Employee Rights Employer Liability Issues FLSA Independent Contractors Misclassification

Proposed Federal-Contractor "Minimum Wage" Regulations Released

The U.S. Labor Department has released its proposed regulations implementing Executive Order 13658, President Obama's directive to raise the minimum-wage rate for workers on federal contracts from $7.25 per hour to $10.10 per...more

6/13/2014 - Barack Obama Covered Entities Davis-Bacon Act DOL Executive Orders Federal Contractors FLSA Minimum Wage Proposed Regulation Service Contract Act Subcontractors Wage and Hour

November Target For Proposed Exemption Changes

As we reported previously, in March President Obama directed the U.S. Labor Department to "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative,...more

6/4/2014 - Barack Obama Classification DOL Employer Liability Issues Employer Mandates Exempt-Employees Exemptions FLSA Misclassification

FLSA Violations Provoke Criminal Referral

As we observed last October, there is reason to wonder whether the U.S. Labor Department has become more inclined than in the past to view criminal prosecution as being an appropriate course of action when it finds violations...more

5/14/2014 - Criminal Prosecution DOL FLSA

Disinformation And The "Tipped-Employee Minimum Wage"

A White House report promoting a substantial jump in the federal Fair Labor Standards Act's minimum wage perpetuates now-widely-disseminated propaganda about an alleged "tipped employee minimum wage" of $2.13 per...more

4/7/2014 - Minimum Wage Tips Wage and Hour

The BLS Minimum-Wage "Report" Means . . . What, Exactly?

The U.S. Bureau of Labor Statistics has released a report entitled "Characteristics of Minimum Wage Workers, 2013" which claims that approximately 1.8 million hourly-paid workers made less than the federal Fair Labor...more

3/28/2014 - Bureau of Labor Statistics Minimum Wage

Campus "Unpaid Intern" Opposition Growing

We have already reported that a group calling itself the "Fair Pay Campaign" aims to pressure colleges and universities not to facilitate unpaid internships or even post notices about them. This initiative appears to be...more

3/25/2014 - Internships Unpaid Interns

President Seeks To Curtail FLSA "White Collar" Exemptions

President Obama has instructed the U.S. Labor Department to revise the federal Fair Labor Standards Act's so-called "white collar" exemptions in a "Presidential Memorandum" released on March 13. This effort is intended (as...more

3/17/2014 - Employee Rights FLSA Unpaid Overtime

70 Results
|
View per page
Page: of 3