News & Analysis as of

Fair Labor Standards Act

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -

How Today’s Employers Can Avoid The Heat With Their Unpaid Summer Internship Programs

by Cole Schotz on

Memorial Day weekend is upon us: the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has...more

What Activities Do You "Pay For"?

by Fisher Phillips on

ABC Corporation sometimes conducts in-house, during-the-workday, performance-improvement training for its employees. Its Policy Manual includes a sentence saying, "The Company pays for the time employees spend in work-related...more

Is the 8 and 80 Overtime Exception for Hospitals and Health Care Providers the Right Fit for Your Company?

by Baker Ober Health Law on

The Fair Labor Standards Act (FLSA) requires that employers pay most workers at least minimum wage for all hours worked, plus overtime – one and one-half the employee's regular rate of pay – for all hours worked in excess of...more

Bill Permitting “Comp Time” in Lieu of Overtime Heads to Senate

by Akerman LLP - HR Defense on

A Republican proposal to allow private employers to offer employees compensatory time off in lieu of paying overtime at time–and–a–half their regular rate has been approved by the U.S. House of Representatives and next moves...more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

American Corporation Seeks To Dismiss Afghan Overtime Claim By Contractors: What Is Going On?

by Fox Rothschild LLP on

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and...more

SCOTUS Poised to Resolve Circuit Split Over Offsetting Unpaid Work Time with Paid Breaks

by Goodwin on

On May 15, 2017, petitioners in E.I. du Pont de Nemours & Co. v. Bobbi-Jo Smiley filed a reply brief with the U.S. Supreme Court defending their petition for certiorari and arguing that the Court should take up review of the...more

House Passes Working Families Flexibility Act of 2017

by Ballard Spahr LLP on

The U.S. House of Representatives has passed the Working Families Flexibility Act of 2017, which would allow private sector employers to offer eligible employees compensatory time off in lieu of compensation for overtime...more

U.S. House passes bill to substitute overtime pay with time off

by McAfee & Taft on

On May 2, 2017, the Executive Office of the President issued a statement supporting a new House bill, H.R. 1180. H.R. 1180, the Working Families Flexibility Act of 2017, proposes to amend the Fair Labor Standards Act (“FLSA”)...more

Labor & Employment E-Note - May 2017

by Burr & Forman on

The House recently passed a bill that would amend the Fair Labor Standards Act to allow certain employees to choose to take paid time off rather than overtime pay when working more than 40 hours in a workweek. Ron Flowers and...more

Answers to Seven Complicated Questions About Arizona's New Paid Sick Time Law

by Jaburg Wilk on

Previously, we addressed eight common questions that employers have about Arizona’s new paid sick time (“PST”) law, which goes into effect on July 1, 2017. As the law is complex, we are answering seven of the more difficult,...more

Public Employers Beware: SCOTUS Refuses to Review City Employee Overtime Appeal

On May 15, 2017, the Supreme Court of the United States rejected the City of San Gabriel, California’s attempt to overturn the Ninth Circuit Court of Appeal’s expansive interpretation of what employers must include as “wages”...more

Hiring A Summer Intern? What You Should Know Regarding Pay

by Smith Anderson on

As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more

Reminder for Seasonal Recreational Facility Employers as Summertime Approaches: Minimum wage, overtime are not always part of...

by Nexsen Pruet, PLLC on

With graduation season upon us and temperatures warming up, it is only a matter of time before amusement and theme parks, beaches, and pools see an influx of visitors as families begin their summer vacations. Many of these...more

Play is Not Work: Judge Dismisses Former USC Linebacker’s Wage and Hour Lawsuit

by Baker Donelson on

Former University of Southern California football player Lamar Dawson’s attempt to be declared an “employee” under the Fair Labor Standards Act (FLSA) was soundly defeated in federal court. Dawson brought the lawsuit on...more

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more

Is Comp Time Finally Coming to Private Employers?

by Cozen O'Connor on

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair...more

10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier...more

Restaurants: Do your employees know that you take the tip credit?

by Franczek Radelet P.C. on

If not, you might have a problem. In 2011, the U.S. DOL published a regulation mandating that restaurants who count tips toward the minimum wage as permitted under the Fair Labor Standards Act have to notify employees...more

The "Opportunity Wage" Exception For Younger Workers

by Fisher Phillips on

Summer's approach has sparked renewed interest in the federal Fair Labor Standards Act's provision authorizing a less-than-$7.25 wage rate for certain younger employees in particular circumstances. While there is such...more

What’s Compensable?

by Zelle LLP on

The Fair Labor Standards Act has made plenty of news recently, but most of the attention has been focused on who qualifies for overtime. For much of 2016, it looked like new federal regulations would require that anyone...more

5 Tips for Hiring Summer Workers

by Saul Ewing LLP on

As the weather warms up and teens prepare for summer break, many employers ramp up their workforces with student workers to cover extra demand or vacation schedules of regular employees. Here are five tips on avoiding legal...more

Acosta Confirmed as DOL Secretary

by Poyner Spruill LLP on

On April 28, 2017, the U.S. Senate voted 60-38 to approve Alex Acosta as the new Secretary of Labor of the U.S. Department of Labor. Secretary Acosta is currently serving as the Dean of the Florida International University...more

Third Circuit Holds Overtime Class Action Is Not Subject To Arbitration

by Carlton Fields on

The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility is not subject to...more

House Passes Amendment to Fair Labor Standards Act Permitting Private Sector Comp Time

by Conn Maciel Carey LLP on

On May 2, 2017, the U.S. House of Representatives passed the Working Family Flexibility Act of 2017 – a bill that would amend the Fair Labor Standards Act (FLSA) to permit private employees to take paid time off instead of...more

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