John E. Thompson

John E. Thompson

Fisher & Phillips LLP

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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

Wage-Hour News Notes

Recent headline items touch upon matters of continuing concern: ? The Employment Policies Institute has highlighted what it calls "Maximum Hypocrisy on the Minimum Wage" among 96% of the Senate and House sponsors of...more

1/28/2014 - DOL Employee Rights Employer Liability Issues Minimum Wage Wage and Hour

Intern Lawsuits (Continued): Another Big Settlement

As was anticipated in light of the intensified focus upon internships over three years ago, the next stage was a spate of high-profile lawsuits by unpaid or allegedly-underpaid interns under the federal Fair Labor Standards...more

1/16/2014 - Big Law Charlie Rose Elite Model Management Corp FLSA Internships Unpaid Interns Wage and Hour

"Lawsuits -- I Get It! But What Should We DO?"

"Wage-hour lawsuits are booming," trumpets one recent report after another, and this is certainly true. The risk of high-exposure wage claims against an employer is greater than ever. ...more

1/10/2014 - Child Labor Compliance Employee Rights Employer Liability Issues FLSA Minimum Wage Non-Exempt Employees Wage and Hour Wages

Senate Report Urges Compliance-Based Government-Contract Awards

The U.S. Senate's Committee on Health, Education, Labor, and Pensions has released a report concluding that there are "widespread labor law violations among major government contractors." The publication, entitled "Acting...more

1/3/2014 - Contractors Davis-Bacon Act DOL FLSA Service Contract Act

Quick Quiz Answer: FLSA Child-Labor Restrictions

The answer to our December 11, 2013 Quick Quiz is, "No". In declining percentage order, the responses were: - "No.": (72.5%) - "It is not possible to answer without more facts.": (13.7%) - " Yes,...more

12/19/2013 - Child Labor FLSA Wage and Hour

Quick Quiz: FLSA Child-Labor Restrictions

Fifteen-year-old Conor is suspended from high school in December for a period of 60 days due to his disruptive misbehavior. His father Rick is the Shop Foreman at the PoundOut Auto Body Center, Inc. ...more

12/12/2013 - Child Labor FLSA

Senate "Misclassification" Bill Bears Watching

Yet another "misclassification" bill introduced in the U.S. Senate would impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee. The "Payroll Fraud...more

12/5/2013 - Civil Monetary Penalty DOL FLSA Misclassification Notice Requirements Penalties Proposed Legislation

Hotels, Motels Still Drawing USDOL Attention

One of the U.S. Labor Department's continuing federal Fair Labor Standards Act enforcement initiatives targets hotels and motels. Officials are following-through on their 2010 warning that they see the hospitality industry as...more

11/20/2013 - Compliance DOL Enforcement FLSA Hospitality Industry Hotels

"Right to Know" Initiative Apparently Expanded

The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act. ...more

11/15/2013 - DOL FLSA Independent Contractors Minimum Wage Misclassification Over-Time Right To Know Wage and Hour

It's Past Time To Dispel The "Half-Time" Fog

A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has...more

11/6/2013 - Compliance FLSA Fluctuating Workweek SCOTUS Unpaid Overtime Wage and Hour Wages

FLSA Investigations Result In Criminal Convictions

A U.S. Labor Department press release serves as a reminder that violations of the federal Fair Labor Standards Act can result in more than just back-wage payments and other civil remedies. ...more

10/30/2013 - Back Pay Convictions DOL FLSA Investigations

Internships Might Be Vanishing

We have observed for some time now that the spate of wage-hour lawsuits might be expected drastically to curtail the availability of internships of both the unpaid and paid varieties. Employment Law 360 reports that...more

10/28/2013 - Internships Unpaid Interns

"Naughty Or Nice?" App Bogs Down

We reported in July that the U.S. Labor Department had launched a "Fair Labor Data Challenge" asking application developers to create "an innovative tool that lets an informed consumer find out if a business is obeying the...more

10/16/2013 - DOL FLSA Mobile Apps Wages

Are You Paying More Than You Must?

Employers sometimes pay workers more than the federal Fair Labor Standards Act requires. Of course, some do so as a matter of choice. However, in other situations, this happens because management misunderstands what...more

10/9/2013 - FLSA Minimum Wage Over-Time Paid Leave Wages

"Extra" Pay And Overtime Headaches

A recent $4 million settlement between the U.S. Labor Department and a Texas healthcare employer highlights a recurring overtime issue under the federal Fair Labor Standards Act. ...more

9/30/2013 - DOL FLSA Over-Time Settlement Wages

CFPB Bulletin Addresses "Payroll Card Accounts"

A statement of some federal-law limitations and requirements relating to the increasingly popular practice of compensating employees via the use of "pay cards" came from an atypical direction on September 12....more

9/16/2013 - CFPB Compliance EFTA Minimum Wage Payroll Cards Regulation E Wages

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