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Valet Driver's FLSA Tip Claim Fails

In a welcome decision for employers, the Eleventh Circuit U.S. Court of Appeals (having jurisdiction over Alabama, Florida, and Georgia) recently ruled that a tipped employee for whom no federal Fair Labor Standards Act "tip...more

FLSA Exemption Changes:  Do The Election Results Mean, "Never Mind"?

Many employers are wondering whether Donald Trump's election means that they may now forget about the coming changes in the federal Fair Labor Standards Act's "white collar" definitions. The answer is clear: The...more

Tolerating Poor Performance Can Bolster Exemption Challenges

Employers generally appreciate the importance of promptly, effectively, and consistently addressing an employee's inadequate performance. Not doing so can adversely affect productivity and workplace morale, can establish bad...more

"Constructive Knowledge" Off-The-Clock Claim Rejected

Another federal appellate court, this time the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Mississippi, Louisiana, and Texas) has rejected an employee's claim to have been entitled to federal Fair Labor...more

USDOL "Companionship", "Live-In Domestic" Enforcement Coming

The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section...more

USDOL Delays Its "Companionship", "Live-In Domestic" Enforcement

As we recently reported, the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in...more

Are Your Contractors Actually Employees? DOL Says Probably Yes

Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors...more

Companionship Exemption Changes In Effect

The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more

Risky Business: A Three-Step Plan For Addressing Harassment By Nonemployees

Employers have long understood that they face potential liability when an employee is sexually harassed by another employee and they do nothing to prevent or fix the known problem. It is also true, but perhaps less well...more

USDOL Publishes "Independent Contractor" Interpretation

The U.S. Labor Department's Wage and Hour Division has released "Administrator's Interpretation No. 2015-1" to address what it characterizes as the "problematic trend" of allegedly misclassifying workers as independent...more

The Trend Toward Payroll Cards

Last month, Georgia became the latest state to pass legislation governing the payment of wages via “payroll cards.” Gov. Nathan Deal signed the new law on May 5, 2015. Prior to the passing of this bill, the payment of wages...more

Proposed FLSA Exemption Changes Still In Limbo

Employers await with bated breath the release of 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...more

DOL's Wage Rule for Home Care Workers on Hold

A federal judge has scuttled key aspects of the U.S. Labor Department's (DOL's) rule that would have extended the federal Fair Labor Standards Act's minimum wage and overtime requirements to many home care workers. The rule...more

Clean-Uniform Policy May Lead to Additional Pay

Most healthcare employers require employees to wear some sort of uniform. Of course, the most familiar uniforms in this setting are “scrubs,” but some employers require lab coats or other garments. Some healthcare...more

Judge Vacates Parts of USDOL Home-Care Regulation

A federal judge has scuttled key aspects of the U.S. Department of Labor's rule that would have extended the federal Fair Labor Standards Act's minimum-wage and overtime requirements to many home care workers starting January...more

Interesting Comments From U.S. Labor Solicitor Smith

Solicitor of Labor M. Patricia Smith spoke at a December continuing-legal-education conference in Atlanta. Her remarks in a couple of areas were especially interesting. Coming "White Collar" Exemption...more

Court Vacates Imminent Bar To Third-Party Employer's Claiming Companionship/Live-In Domestic Exemptions

We have reported that the U.S. Labor Department's changes in its regulatory provisions affecting the federal Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section 13(b)(21) overtime...more

No FLSA Overtime Recovery For What Employer "Should Have" Paid

Overtime compensation under the federal Fair Labor Standards Act must be based upon an employee's "regular rate" of pay. More and more frequently nowadays, claimants allege that their FLSA overtime compensation should have...more

11/24/2014  /  FLSA , Unpaid Overtime , Wage and Hour

USDOL Defers Enforcement Action On "Companionship" Changes

For some time now, we have followed the U.S. Labor Department's efforts to curtail the federal Fair Labor Standards Act's Section 13(a)(15) "companionship" exemption. Those efforts culminated in a Final Rule published in...more

10/9/2014

FLSA "Per Diem" Claims On The Rise

A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees....more

Third Circuit Addresses FLSA "Successor" Liability

Federal courts continue to embrace a broad view in evaluating the question of whether federal Fair Labor Standards Act liability may be imposed upon a successor company in particular situations. ...more

USDOL Guidance Released On "Adult Foster Care", "Shared Living Arrangements"

We reported earlier that the U.S. Labor Department has issued a Final Rule re-stating the requirements for and limitations upon the federal Fair Labor Standards Act's Section 13(a)(15) "companionship exemption". The changes...more

President Seeks To Curtail FLSA "White Collar" Exemptions

President Obama has instructed the U.S. Labor Department to revise the federal Fair Labor Standards Act's so-called "white collar" exemptions in a "Presidential Memorandum" released on March 13. This effort is intended (as...more

3/17/2014  /  Employee Rights , FLSA , Unpaid Overtime

Preventing A Messy "Failed Exemption" Lawsuit

(Labor Letter, February 2014) - In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the...more

Proposed "Independent Misclassification" Law

Government efforts aimed at cracking down on perceived independent-contractor misclassification show no signs of slowing down as 2014 begins. On November 12, 2013, the “Payroll Fraud Prevention Act of 2013” (PFPA) was...more

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