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 -

Reflections Upon USDOL "Tip Retention" Enforcement

by Fisher Phillips on

We recently wrote about two federal appellate decisions holding that tipped employees for whom no federal Fair Labor Standards Act Section 3(m) "tip credit" has been taken, and to whom all FLSA minimum wages and overtime...more

Tip-Pooling Restrictions Slated To Be Rescinded, Labor Department Announces

by Fisher Phillips on

The U.S. Department of Labor plans to propose a full rescission of the controversial tip-pooling restrictions impacting employers who pay tipped employees the full minimum wage directly sometime in August, according to a...more

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

by McAfee & Taft on

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more

Federal Agencies Scale Back Their Workplace Regulatory Ambitions

by Littler on

During the prior administration, congressional gridlock prevented many significant labor and employment bills from advancing. Federal agencies picked up the slack, issuing several rules to help carry out much of President...more

Department Of Labor To Rescind 2011 Tip Pooling Regulation

by Jackson Lewis P.C. on

Yesterday the Trump Administration, through the Office of Management and Budget’s Office of Information and Regulatory Affairs, released the federal government’s semi-annual Unified Agenda of Regulatory and Deregulatory...more

What’s on the Agenda? Tips and OT

by Seyfarth Shaw LLP on

Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more

Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer 

by Fox Rothschild LLP on

No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an oil field services company has just agreed to a $2.1...more

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

by Fisher Phillips on

A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more

New NC Law Improves Protections of Farmers Against Unionization

by Nexsen Pruet, PLLC on

On July 13, 2017, North Carolina helped farmers by improving statutory protections against unionization. Although farmworkers generally do not have a statutory right to unionize under N.C. or federal law, unions are using...more

DOL Will Not Defend Obama Era FLSA Salary Threshold Rule, but Uncertainty Continues

by Burr & Forman on

Employers who have been anxiously awaiting an answer as to whether the Department of Labor (“DOL”) will continue to defend the Obama Administration’s controversial overtime rule that was temporarily blocked by a federal court...more

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

Massachusetts District Court Denies Certification for Claims of Unpaid Meal Breaks

by BakerHostetler on

It has become almost part of the plaintiff playbook to bring wage and hour claims despite lawful employer policies by claiming some sort of “class-wide” policy of deviating from those policies. Sadly, this tactic works at...more

When Are Law Firm Partners Not Partners?

by Jackson Lewis P.C. on

The issue of who is a “partner” and thus not an employee continues to vex professional firms. Layers, doctors, dentists and other professionals often consider themselves non-employees, at least until they suffer an adverse...more

Seventh Circuit Opinion Clarifies What Language Is Necessary For Collective Bargaining Agreements To Require Arbitration Of...

by SmithAmundsen LLC on

The seventh circuit recently clarified under what circumstance a collective bargaining agreement may restrict an employee’s access to a judicial forum for purposes of resolving statutory claims. In Vega v. New Forest Home...more

9th Circuit Lets Employee Sue Employer’s Lawyer For Retaliation

by Fox Rothschild LLP on

There’s a saying that “Bad facts make bad law.” At least that’s the way I was taught it. A different version: “Hard cases make bad law” has its own Wikipedia entry. While the wording is different, the meaning is the same....more

Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

by Jaburg Wilk on

Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify...more

House Hearing Explores Legislative Remedy to Joint Employer Confusion

by Littler on

On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more

Need for Individual Scrutiny Kills FLSA Collective Action – That’s The Cure For This Disease

by Fox Rothschild LLP on

I have blogged on this topic many times but I never tire of it. What is the way to defeat a class action? The magic bullet? The answer? Too much individual scrutiny is needed! Another Judge has proven me right on this. A...more

What Ever Happened to the Department of Labor’s New Overtime Rule?

by Foley & Lardner LLP on

As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016,...more

Joint Amicus Brief Filed to Protect Franchise Business Model - BB&K’s Thomas O’Connell Counsel of Record

by Best Best & Krieger LLP on

Best Best & Krieger LLP attorneys Thomas O’Connell, as counsel of record, and Roger Crawford recently submitted an amicus curiae brief to the U.S. Supreme Court on behalf of the International Franchise Association, American...more

Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made...more

WELCOME (?) BACK! DOL Reinstates Wage and Hour Opinion Letters – Should it Matter to You?

The U.S. Department of Labor recently announced that it will revive its practice of publishing opinion letters to provide guidance to employers and employees on wage and hour issues. This change (after a seven-year hiatus)...more

In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule – But Not...

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule issued during the Obama administration last year.   But it won’t do so, it...more

Federal Appeals Court Rules Mortgage Underwriters Owed Overtime for Work in Excess of 40 Hours in Workweek

by Ballard Spahr LLP on

The Ninth Circuit Court of Appeals issued a decision last week holding that mortgage underwriters are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The July 6 decision, which furthers a...more

The Tenth Circuit Takes the DOL Tipping Rule Off the Menu

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An unpopular DOL regulation that prohibits employers from retaining customer tips received another blow this summer. The Tenth Circuit joined the Fourth Circuit and several district courts in holding that...more

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