An employer may prorate the base pay of a salaried employee without forfeiting the employee's exemption from the overtime requirements of the Fair Labor Standards Act (FLSA), as long as it covers the shortfall with additional...more
5/7/2013
- Exemptions FLSA Wage and Hour
A new 5-4 ruling from the US Supreme Court could make it more difficult for employees to file costly Fair Labor Standards Act (FLSA) lawsuits that involve multiple plaintiffs (i.e., a collective action), but its applicability...more
4/29/2013
- Collective Actions Employer Liability Issues FLSA SCOTUS
A new federal appeals court ruling on March 26, 2013, shows the old warning "buyer beware" applies not just to used cars but also to companies....more
4/8/2013
- FLSA Successor Liability
The 6th Circuit Court of Appeals has ruled that insurance investigators tasked with detecting and deterring insurance fraud are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Foster v....more
4/4/2013
- FLSA Insurance Fraud Investigations Non-Exempt Employees
Wage and hour claims will create the most monetary exposure for employers in 2013, followed closely by claims of age discrimination, retaliation and racial discrimination, according to a new survey of in-house counsel....more
2/28/2013
- FLSA In-House Counsel Surveys Wage and Hour
Whether it's poker or employment litigation, sometimes it's best just to fold 'em.
With the evidence stacked against it, an employer chose to appeal a Fair Labor Standards Act (FLSA) verdict with a weak defense instead...more
2/14/2013
- Attorney's Fees FLSA Over-Time
Requiring nonexempt employees to come to a work site by certain means - such as taking a bus from a remote parking lot to a manufacturing plant - does not necessarily mean they must be paid for the time spent in transit, a...more
1/14/2013
- FLSA Non-Exempt Employees Park and Ride Wages
The overtime exemption for agricultural employees under the Fair Labor Standards Act (FLSA) applies not only to farmers working the land but also to other types of workers employed in conjunction with farming operations, even...more
1/10/2013
- Exemptions Farms FLSA Home Depot Migrant Workers Over-Time
Nursing mothers are not guaranteed the right to express breast milk in the location of their choosing, a December 26 federal appeals court ruling shows....more
1/3/2013
- Breastfeeding FLSA
U.S. Supreme Court justices today questioned why an offer of judgment made to a lone plaintiff in a Fair Labor Standards Act lawsuit should not prevent other plaintiffs from joining the lawsuit in a collective action....more
12/4/2012
- FLSA Offer of Judgment
Establishing a timekeeping system that allows employees to report any hours they work at home can shield employers from costly Fair Labor Standards Act (FLSA) claims, as a new federal appeals court ruling illustrates....more
11/29/2012
- FLSA
An amicable phone call in which an employee asked her office manager why she had been clocked out 10 minutes early was not a protected activity that can trigger a retaliation claim under the Fair Labor Standards Act (FLSA), a...more
11/26/2012
- FLSA Retaliation
Missouri will increase its minimum wage rate by 10 cents to $7.35 per hour, effective January 1, 2013, the Missouri Department of Labor and Industrial Relations announced....more
11/12/2012
Vermont's minimum wage rate will increase 14 cents, from $8.46 to $8.60, effective January 1, 2013, the Vermont Department of Labor announced today....more
11/11/2012
The 2012 elections will affect HR in ways that remain to be seen. But many consequences of the elections are immediately clear in a variety of areas from health care to labor relations to E-Verify to local minimum wages. Here...more
11/11/2012
