John E. Thompson

John E. Thompson

Fisher & Phillips LLP

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Comment Period Will Not Be Extended

There will be no extension of the original 60-day period for commenting on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. U.S. Wage and Hour...more

9/2/2015 - Comment Period Compliance DOL FLSA FOIA Minimum Salary Minimum Wage OIRA Wage and Hour White-Collar Exemptions

Evaluating USDOL's Proposals: Avoid Dangerous Assumptions

Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary...more

8/21/2015 - DOL Exempt-Employees FLSA Minimum Salary Unpaid Overtime White-Collar Exemptions

Exemption Comments Already Being Filed

Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about...more

8/12/2015 - DOL FLSA FOIA Minimum Salary Obama Administration OIRA Unpaid Overtime Wage and Hour White-Collar Exemptions

Beware Offering "Examples" In Comments To USDOL

Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September 4, 2015. USDOL is...more

8/3/2015 - Administrative Procedure Act DOL Financial Services Industry FLSA Minimum Salary SCOTUS Unpaid Overtime Wage and Hour White-Collar Exemptions

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

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