John E. Thompson

John E. Thompson

Fisher & Phillips LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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 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

Timekeeping For Exempt Employees

Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it depends. Is...more

5/20/2015 - Employer Liability Issues Exempt-Employees FLSA Timekeeping Wage and Hour

FLSA Exemption Revisions Sent To OMB

U.S. Secretary of Labor Tom Perez has announced that proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have...more

5/7/2015 - DOL Exempt-Employees FLSA OMB Proposed Amendments Public Comment Secretary of Labor Wage and Hour

FLSA Exemption Changes: More On Salaried-Employee Alternatives

Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more

5/4/2015 - Exempt-Employees FLSA Fluctuating Workweek Unpaid Overtime Wage and Hour

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees

No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this...more

4/28/2015 - DOL Exempt-Employees FLSA Wage and Hour

"Predictable Scheduling" Concept Gaining Momentum

In late January, we reported on U.S. Wage and Hour Division Administrator David Weil's comments that the agency is considering whether the federal Fair Labor Standards Act somehow entitles employees to "predictable...more

4/16/2015 - Corporate Counsel Fast-Food Industry FLSA Hospitality Industry Regulatory Agenda Restaurant Industry Wage and Hour Work Schedules

Must Management Justify Treating Exempt Employees As Non-Exempt?

For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and overtime requirements. However,...more

4/13/2015 - Exempt-Employees FLSA Non-Exempt Employees Supervisors Wage and Hour

"No Opinion Letters" Policy Reaffirmed

From the federal Fair Labor Standards Act's inception in 1938, employers sought, and officials of the U.S. Labor Department's Wage and Hour Division provided, official written explanations of how that law works in particular...more

3/18/2015 - DOL FLSA Opinion Letter

FLSA Exemption Changes: A Possible "Plan B" For Retailers

Expectations are that the U.S. Labor Department's proposed regulations re-defining the federal Fair Labor Standards Act's executive, administrative, professional, outside-sales, and derivative exemptions will be released in...more

2/27/2015 - DOL Employer Liability Issues Exempt-Employees FLSA Proposed Regulation Wage and Hour

"Tipped Minimum Wage" Nonsense Continues

A recent post appearing on U.S. Labor Department's blog begins, "The federal tipped minimum wage has been $2.13/hour since 1991. That's right - it's been the same for nearly a quarter century." Actually, that's wrong....more

2/17/2015 - DOL FLSA Minimum Wage Tipped Employees Wage and Hour Wages

A Substantial Salary-Test Jump Is Likely

On January 28, the Economic Policy Institute announced that "noted economists and a former Secretary of Labor" had written to U.S. Secretary of Labor Thomas Perez to propose an increased salary threshold of around $960 a week...more

2/5/2015 - DOL Exempt-Employees FLSA Legislative Agendas Proposed Regulation Wage and Hour Wages

"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

1/30/2015 - DOL FLSA Retailers Wage and Hour Work Schedules

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 - Appropriation Act Claims Adjusters DOL Employer Liability Issues FLSA Insurers Popular Qualified Disaster Relief Payments Unpaid Overtime

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

90 Results
|
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×