John E. Thompson

John E. Thompson

Fisher Phillips

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More About USDOL's Liquidated-Damages Policy

We wrote last December about our ongoing efforts to secure a copy of an undisclosed "policy" that various U.S. Department of Labor officials have referred to in insisting that an employer pay at least some amount in...more

3/15/2017 - Corporate Counsel DOL FLSA Labor Law Violations Labor Policies Liquidated Damages Wage and Hour

Another Nursing Mother's FLSA Claims Settled

The U.S. Department of Labor reports that a California restaurant company has agreed to take steps to remedy alleged: ? Non-compliance with the federal Fair Labor Standards Act's requirement that covered employers give...more

3/1/2017 - DOL Employer Liability Issues FLSA Hostile Environment Wage and Hour

USDOL Should Retract Fluctuating-Workweek Commentary

Readers will recall that, in 2011, the U.S. Department of Labor undertook to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act. This compensation method calls for paying a...more

2/8/2017 - DOL FLSA Non-Exempt Employees Over-Time Wage and Hour

FLSA Civil Penalties to Increase Again

For the second time in less than a year, the U.S. Department of Labor will soon publish increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and/or related...more

1/18/2017 - Civil Monetary Penalty DOL Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 FLSA Minimum Wage Over-Time Wage and Hour

Establishing "Workweeks" For Exempt Employees

We have written previously about how important the "workweek" concept is in complying with the federal Fair Labor Standards Act's minimum-wage and overtime requirements. An FLSA workweek is a fixed, regularly-recurring...more

12/29/2016 - DOL Exempt-Employees FLSA Minimum Wage Over-Time Recordkeeping Requirements Wage and Hour White-Collar Exemptions

USDOL's Liquidated-Damages "Policy" Remains Obscure

The federal Fair Labor Standards Act has long authorized the U.S. Department of Labor to sue to recover unpaid minimum-wage and overtime compensation due to current and former employees plus "an equal amount as liquidated...more

12/19/2016 - DOL Liquidated Damages Minimum Wage Unpaid Overtime Wage and Hour

A Partial FLSA Wish List

Presidential elections have typically sparked speculation about possible changes in employment laws and enforcement policies. But this seems to be especially true now, due in part to the discussion already occurring about...more

12/9/2016 - DOL FLSA Incentive Compensation Over-Time Timekeeping Wage and Hour White-Collar Exemptions

OT Aftermath: FAQs On How Employers Should Respond To Overtime Rule Decision

Employers are returning from their Thanksgiving holiday weekend grappling with thorny questions following last week’s surprising and momentous court decision preliminarily blocking the Department of Labor’s overtime rule from...more

11/30/2016 - DOL Final Rules FLSA Minimum Salary Preliminary Injunctions White-Collar Exemptions

BLOCKED! Court Preliminarily Halts Overtime Rules With Last-Minute Ruling

In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more

11/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

Top 10 Workplace Law Developments To Expect From The Trump Presidency

It’s official: Donald Trump will soon be our nation’s 45th president. Now the work begins to forecast what the next four years will bring. We’ve spent some time gathering our firm’s collective wisdom on what the next...more

11/9/2016 - Data Privacy Equal Pay Immigration Reform NLRB SCOTUS Trump Administration

"Including" Overtime: Don't Be Misled By USDOL's Example

We have previously cautioned that (with one very limited exception) federal Fair Labor Standards Act regular-rate principles do not support paying a fixed salary that "includes" FLSA overtime premium for varying numbers of...more

11/8/2016 - DOL Exempt-Employees FLSA Over-Time Wage and Hour

USDOL "Fact Sheets" Are Not The Law

Some employers are apparently referring mainly (or even only) to U.S. Labor Department "Fact Sheets" in deciding what they should do to prepare for the coming changes in the federal Fair Labor Standards Act's so-called "white...more

11/1/2016 - DOL FLSA Non-Exempt Employees White-Collar Exemptions

Keep Calm And Carry On: Part 2

The December 1 effective date for the increased dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions is now only a little more than two months away. In addition...more

9/28/2016 - Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Whom Does USDOL's Salary Increase Not Affect?

There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an...more

9/19/2016 - DOL Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

USDOL Releases New FLSA Poster

Employers of workers who are subject to the federal Fair Labor Standards Act's minimum-wage provisions are required to display a poster prescribed by the U.S. Labor Department's Wage and Hour Division. 29 C.F.R. § 516.4....more

8/11/2016 - DOL Employer Liability Issues FLSA Minimum Wage Wage and Hour

Job Descriptions Are Not "Exemption Descriptions"

Famous last words in the wage-hour Hall of Infamy include, "Let's write the job descriptions to make them exempt." The problem is, job descriptions do not "make" employees exempt. It is essential that employers steer...more

8/4/2016 - DOL Exempt-Employees FLSA Job Descriptions Non-Exempt Employees Wage and Hour White-Collar Exemptions

"White Collar" Exemption Changes:  Keep Calm And Carry On

Recent Congressional initiatives have targeted the impending increases in the U.S. Labor Department's dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions. There...more

7/27/2016 - Congressional Review Act DOL Exempt-Employees FLSA Minimum Salary Wage and Hour White-Collar Exemptions

Feds Ratchet Up Employer Penalties, Effective Later This Summer

While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

7/6/2016 - Child Labor Civil Monetary Penalty Corporate Counsel DOL Employer Liability Issues ERISA FLSA Immigration and Nationality Act OSHA Visas Wage and Hour

USDOL's Tipped-Employee "Subminimum Wage" Fiction

A recent U.S. Labor Department blog post re-casts the agency's long-running campaign against an alleged "subminimum wage for tipped workers" under the federal Fair Labor Standards Act. Although this latest pitch introduces a...more

7/1/2016 - DOL FLSA Minimum Wage Tipped Employees Wage and Hour

"Nondiscretionary" Pay And The 90%/10% Approach

Once the U.S. Labor Department's revised definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions take effect, employers will be allowed to: - Pay as little as 90% of the new $913...more

6/24/2016 - DOL Exempt-Employees FLSA Over-Time Wage and Hour

"10% Credit" Approach Might Necessitate Timekeeping

Management need not keep hours-worked records for employees who qualify for one of the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions. 29...more

6/16/2016 - DOL FLSA Non-Exempt Employees Over-Time Timekeeping Wage and Hour White-Collar Exemptions

"Exceptions Reporting" Timekeeping:  Is It The Answer?

Due to coming changes in the U.S. Labor Department's compensation requirements for the federal Fair Labor Standards Act's "white collar" exemptions, many employers will no longer rely upon those exemptions for at least some...more

6/7/2016 - DOL FLSA Minimum Wage Over-Time Timekeeping Wage and Hour White-Collar Exemptions

USDOL Releases Details On Exemption Revisions

At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair...more

5/18/2016 - DOL Exempt-Employees FLSA Minimum Salary Wage and Hour

New Exemption Rules Finally Arrive: Employers Should Prepare For The Impact

The U.S Labor Department (USDOL) has finally released the anxiously awaited revised regulations affecting certain kinds of employees who may be treated as exempt from the federal Fair Labor Standards Act's (FLSA) overtime and...more

5/18/2016 - DOL FLSA Wage and Hour White-Collar Exemptions

Two Fluctuating-Workweek Variations

We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair...more

5/13/2016 - Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour

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