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Employee Rights Wages Fair Labor Standards Act (FLSA)

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Arnall Golden Gregory LLP

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

Morrison & Foerster LLP

USDOL Proposes Significant Increase in Federal Salary Test for FLSA White Collar Exemptions

On Monday, July 6, the United States Department of Labor (USDOL) published its long awaited proposed rule “updating” regulations “defining and delimiting” the exemptions from overtime for white collar employees (i.e., the...more

Hinshaw & Culbertson LLP

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more

Foley & Lardner LLP

The Next Cleat Drops… College Athletes Sue for Unpaid Wages

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If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago...more

Franczek P.C.

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

Franczek P.C. on

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for...more

Fisher Phillips

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

Fisher Phillips on

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida’s Minimum Wage to Increase on January 1, 2015

On November 2, 2004, Florida voters approved a constitutional amendment that created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. Florida law...more

PilieroMazza PLLC

Weekly Update Newsletter - October 2014 #2

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SBA Data Shows Large Firms are Nabbing Contracts Reserved for Small Businesses - Federal procurement data show that large companies, including leading defense contractors, last year received millions of dollars in...more

Franczek P.C.

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

Franczek P.C. on

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more

Carlton Fields

Tenth Circuit Reverses Trial Court Denial Of Motion To Compel Arbitration Of Wage Dispute

Carlton Fields on

The Tenth Circuit Court of Appeals reversed a trial court order denying an employer’s motion to compel arbitration of a wage dispute under the arbitration clause contained in the plaintiffs’ Confidentiality/Non-Compete...more

Burr & Forman

Fair Warning: 10 Common Mistakes to Avoid under the Fair Labor Standards Act

Burr & Forman on

Most healthcare employers have probably heard of the Fair Labor Standards Act ("FLSA") and most probably think it is pretty simple. Doesn't that law just deal with prohibiting child labor and paying overtime wages to hourly...more

Littler

Maryland Employers Can Be Liable for up to Treble Damages for Misclassification "Overtime Pay" Claims Under State Law

Littler on

On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that employers can be held liable under the Maryland Wage Payment and Collection Law ("Wage Payment Law" or MWPCL) for all...more

Obermayer Rebmann Maxwell & Hippel LLP

State Law Wage & Hour Resource: You’ll Need It!

You thought that figuring out, and staying on top of, the federal Fair Labor Standards Act was tough. Well, don’t forget that you must comply with state wage and hour laws as well. Sure, the FLSA is quite nuanced and complex;...more

Fisher Phillips

Late Payment Resulted In An FLSA Violation

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A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

Dorsey & Whitney LLP

Quirky Question #235, Payment of Wages – Better Late Than Never Is Half Right

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Question: My company was in a tight spot last month with cash flow and we had to delay payroll by a few days. We did end up paying everyone what they were owed. I now have an employee, however, who is claiming the late...more

Polsinelli

How Employers Fared With the Supremes This Term and What the Future May Hold

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During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more

Troutman Pepper

Three Requirements For New York Employers In The New Year

Troutman Pepper on

This is a friendly reminder to clients employing workers in New York that they need to comply with the annual pay notice requirement of the state’s Wage Theft Prevention Act (WTPA) by February 1, 2014. As with previous years,...more

Mintz - Employment, Labor & Benefits...

Winter Weather Woes: What are My Obligations to Pay Employees During Inclement Weather?

Last week’s “polar vortex” brought record low temperatures to many parts of the country and shut down offices in numerous cities. Estimates suggest that the frigid weather could cost the U.S. economy up to $5 billion. We have...more

Sherman & Howard L.L.C.

Employer’s Final Paycheck Deductions Upheld

The Ninth Circuit just held that an employer is entitled to deduct from an employee’s final paycheck money an employee owes to the employer. Ward v. Costco Wholesale Corp. Costco issued Ms. Ward a company credit card, but...more

Fisher Phillips

"Lawsuits -- I Get It! But What Should We DO?"

Fisher Phillips on

"Wage-hour lawsuits are booming," trumpets one recent report after another, and this is certainly true. The risk of high-exposure wage claims against an employer is greater than ever. ...more

Greenberg Glusker LLP

Legislative and Other Developments Affecting California Employers in 2014

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This year has brought many significant changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Group summarizes some of the most important new federal and state legal...more

Pullman & Comley - Labor, Employment and...

Supreme Court Hears Argument on Latest “Donning” and “Doffing” Wage Case

Thursday, the United States Supreme Court heard argument in another “donning and doffing” case. Donning and doffing refers to the need for employees to put on (“don”) and take off (“doff”) clothing as part of their job. The...more

Obermayer Rebmann Maxwell & Hippel LLP

Hurricanes, Tornadoes & Wages: How Does Employee Pay Work during a Natural Disaster?

This week marks the one year anniversary of Hurricane Sandy and serves as an important reminder for employers to ensure that their businesses are prepared to handle a natural disaster. Understandably, in the days following a...more

FordHarrison

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

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In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What Do Undocumented Workers, Al Capone, and the Jerusalem Cafe Have in Common?

The answer is “nothing really,” but the Eighth Circuit Court of Appeals successfully searched Al Capone’s vault to unearth the comparison in its recent opinion in Lucas v. Jerusalem Cafe, LLC....more

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