Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th...more
When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more
10/19/2021
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Wage and Hour
When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more
Ever wonder what happened with the minimum wage fight that has been going on between Alabama and Birmingham? Well, here is the latest — the full panel on the Eleventh Circuit has now spoken: the district court rightly...more
Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama, passed a local minimum...more
2/12/2019
/ Appeals ,
Dismissals ,
Fourteenth Amendment ,
Governor Bentley ,
Local Ordinance ,
Minimum Wage ,
Preemption ,
Race Discrimination ,
Reversal ,
State and Local Government ,
State Labor Laws ,
Vacated ,
Wage and Hour
Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more
10/3/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Drivers ,
Employment Contract ,
Employment Litigation ,
Enforcement ,
Federal Arbitration Act ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Misclassification ,
Service Contracts ,
Transportation Industry ,
Wage and Hour
Apparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious...more
4/20/2018
/ Appeals ,
Covered Employer ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Religious Institutions ,
Restaurant Industry ,
Reversal ,
Threshold Requirements ,
Volunteers ,
Wage and Hour
Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more
If your company has a family leave policy that goes beyond the legal requirements of the Family and Medical Leave Act (FMLA), does that policy need to apply to all employee levels equally? No. But as Starbucks is currently...more
10/19/2017
/ Civil Rights Act ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Pregnancy Discrimination ,
Retail Market ,
Retailers ,
Starbucks ,
Title VII ,
Wage and Hour
Are you entitled to FLSA coverage if you are doing the Lord’s work? In March 2017, a federal district court in Ohio answered “yes” and awarded almost $400,000 to unpaid employees/volunteers of a church restaurant....more
The District of Columbia is proposing a drastic expansion of paid family leave which may serve as a harbinger of similar provisions in other jurisdictions. The law before the D.C. City Council would provide 16 weeks of fully...more
The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more
3/17/2015
/ Administrative Exemption ,
Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Mortgage Loan Officer ,
Notice and Comment ,
Paralyzed Veterans Doctrine ,
Perez v Mortage Bankers Assoc ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour