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Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Fourth Circuit Rejects Plaintiff’s “Market Rate” Theory in Pay Discrimination Case

The Equal Pay Act (EPA) and Title VII of the Civil Rights Act generally prohibit covered employers from discriminating against employees on the basis of sex with regard to compensation.  The EPA requires men and women to...more

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

U.S. Department of Labor Issues Final Rule Promoting Expansion of Apprenticeships

On March 10, 2020, the U.S. Department of Labor published a Final Rule establishing a new system by which third parties may develop and operate apprenticeship programs in the United States. According to the DOL’s press...more

Department of Labor Proposes Rule Clarifying Fluctuating Workweek Method of Calculating Overtime Pay

On November 5, 2019, the Wage and Hour Division of the U.S. Department of Labor proposed a new Rule which would allow employers to offer bonuses and other incentive-based payments to salaried nonexempt employees whose work...more

Department of Labor Issues Opinion Letter Regarding Timekeeping Rounding Practices

On July 1, 2019, the Wage and Hour Division of the U.S. Department of Labor issued several new opinion letters. One such letter, FLSA 2019-9, concerns an employer’s use of payroll software to calculate the wages owed to its...more

U.S. Department of Labor Proposes New Rule Regarding Joint Employer Status Under FLSA

On April 1, 2019, the U.S. Department of Labor issued a notice of proposed rulemaking on joint employer status under the Fair Labor Standards Act. (FLSA). This proposed rulemaking seeks to revise the DOL’s regulation, 29...more

Department of Labor Reissues 2009 Opinion Letter Regarding Tip Credits Under FLSA

In 2009, the U.S. Department of Labor issued an opinion letter which clarified the DOL’s position regarding the application of “tip credits” to employees who performed multiple job functions for an employer. However, shortly...more

U.S. Department of Labor Issues Opinion Letter Regarding FMLA and No-Fault Attendance Policies

Many employers utilize “no-fault” attendance polices, which provide that employees are subject to progressive discipline up to and including termination when they accumulate a specified number of absences within a certain...more

Strict Enforcement of Attendance Procedures May Create Liability for Employers under FMLA

Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of...more

US Department of Labor Implements Final Rule Requiring Pay Transparency Among Federal Contractors

Executive Order 13665, signed by President Obama on April 8, 2014, prohibits federal contractors and subcontractors from discriminating against employees or applicants because they inquire about or discuss their compensation...more

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