John E. Thompson

John E. Thompson

Fisher & Phillips LLP

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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

School-Facilitated Internships: No Worries, Right?

We have long warned that one should not simply assume that an internship associated with or sponsored by an educational institution falls outside of the federal Fair Labor Standards Act's requirements. Our caution includes...more

3/3/2014 - Educational Institutions Employee Definition FLSA Internships Unpaid Interns

President Signs Federal Contractor "Minimum Wage" Order

The White House Press Office reports that President Obama has now signed an Executive Order to raise the minimum-wage rate for workers on federal contracts, as he announced he would do in his recent State of the Union speech....more

2/14/2014 - Executive Orders Federal Contractors Minimum Wage

Should The White House Be Paying Its Interns?

The unpaid-interns ruckus continues to unfold, this time in a way that entangles President Obama. As we many have observed, an unpaid White House intern might conclude that he or she is “engaged in the operations of...more

2/4/2014 - DOL Employee Rights FLSA Internships Unpaid Interns

SOTU "Minimum Wage" Announcement: What Does It Mean?

Considerable concern and confusion has arisen from President Obama's State of the Union announcement that he will raise the minimum wage for individuals working on federal contracts to $10.10 per hour. Until it is possible to...more

1/31/2014 - Davis-Bacon Act Executive Orders Federal Contractors Minimum Wage Service Contract Act Skilled Laborers State of the Union Wage and Hour

Supreme Court Rules On Donning/Doffing Under The FLSA

Today's U.S. Supreme Court decision in Sandifer v. United States Steel Corp. paves the way under collective bargaining agreements for the possibility of excluding time spent donning and doffing many kinds of personal...more

1/28/2014 - Collective Bargaining Employee Rights FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Workplace Attire

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