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 -

New, Even Broader, Joint Employer Test Adopted

by Akerman LLP - HR Defense on

Employers may think the concept of joint employer being pushed by the National Labor Relations Board (NLRB) is overly broad, but a recent decision by a federal appellate court in Richmond, Virginia adopts the most expansive...more

ROV-er Time – Fifth Circuit Rules that ROV Technicians are non-Seaman Entitled to Overtime under the Fair Labor Standards Act

by Baker Donelson on

Following up on its landmark 2014 decision in Coffin v. Blessey Marine Servs., Inc., 771 F.3d 276 (5th Cir. 2014) which concerned the applicability to tankerman of the seaman exclusion to the overtime wage provisions of the...more

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

by Foley & Lardner LLP on

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law —...more

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Another Oil Industry Class Action Settles – The Disturbing Trend Continues

by Fox Rothschild LLP on

There have been a number of FLSA lawsuits in the energy industry of late, focusing on unpaid overtime. One of these employers who was sued, Key Energy, has just settled two class actions for $3 million. The case is entitled...more

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump...

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA...more

Flagged Down: Second Circuit Finds NYC “Black Car” Drivers Are Independent Contractors

The Second Circuit has affirmed the dismissal of a class action of New York City “black car” drivers who alleged they were misclassified as independent contractors by their dispatchers. In reaching its ruling, the Court found...more

Appeal of FLSA Overtime Regulations Faces Further Delay

It may seem hard to believe, but it was nearly five months ago that a federal district court entered a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor Standards Act regulations on the...more

Could Comp Time be Coming to the Private Sector?

Regular readers of this blog and attendees of this month’s Lunch and Learn Seminar know that compensatory time off, A.K.A. comp time, is a top wage and hour myth to private sector employers. For more than 30 years, non-exempt...more

Making Employees Watch the Clock Can be Good for Employers

by Foley & Lardner LLP on

A few months ago, we reminded our readers about the need to maintain accurate time records for non-exempt employees.This consideration is especially important for those employers who are subject to the Fair Labor Standards...more

USCIS Appeals Panel Rules on L-1B Employment

by Morgan Lewis on

The guidance creates a new wage obligation for L-1B employees on overseas payroll. On April 14, the Administrative Appeals Office (AAO) of US Citizenship and Immigration Services (USCIS) issued a memorandum establishing a...more

The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care

The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor...more

Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy

by Fox Rothschild LLP on

Regretfully, to my lights, conditional certification seems all too easy for plaintiffs in a FLSA collective action to secure. Are things changing? A federal judge has refused to certify a proposed class of natural gas...more

The War on Employee Misclassification: Will Trump Call a Cease Fire?

by LeClairRyan on

During its two terms, the Obama Administration declared war on misclassification of employees as independent contractors. The U.S. Department of Labor (DOL) issued additional guidance on the proper classification of workers....more

Federal Court Provides Roadmap For Misclassification Success – Sort Of

by Fisher Phillips on

Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy - A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more

Is This Your New Roadmap To Misclassification Success? Maybe.

by Fisher Phillips on

This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

Black Car Drivers in New York City Held Independent Contractors By Federal Court of Appeals

by Pepper Hamilton LLP on

While Uber has dominated the headlines when it comes to whether drivers on their on-demand, ride-sharing platforms are independent contractors or employees, similar battles are being waged elsewhere in the car service...more

4th Circuit Sets Forth Test for Determining What Constitutes “Joint Employer” for FLSA Purposes

by PilieroMazza PLLC on

In a pair of recent cases, the U.S. Court of Appeals for the 4th Circuit (which hears appeals from the federal courts of Maryland, Virginia, West Virginia, North Carolina and South Carolina) has set forth what will hereafter...more

“Comp Time” For Private Sector Employees: What’s Not To Like?

House and Senate Republicans have introduced legislation — the Working Families Flexibility Act of 2017 — that would amend the Fair Labor Standards Act to allow private sector employers to provide “comp time” to employees in...more

What’s On Your Wall?

The following is a poster and distribution chart for New Jersey that includes INFORMATION that must be posted under federal and NJ law. There are many posting and distribution requirements for New Jersey employment laws. If...more

Temporary "Comp Time" Provision Under Consideration

by Fisher Phillips on

The U.S. House of Representatives is now actively considering the "Working Families Flexibility Act of 2017" (H.R. 1180), which would amend the federal Fair Labor Standards Act to permit private-sector employers to offer...more

How to Engage an Intern and Not End Up with an Employee

by Hirschfeld Kraemer LLP on

Welcome to the third article in our four-part Spring Series discussing important developments in California’s wage and hour laws that impact our higher education clients. Earlier, we provided a general overview of California...more

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

Waiting Game: Future of Proposed "White Collar" Rules Remains Uncertain

There is still no decision on when—or if—the proposed “white collar” regulations will go into effect. On November 22, 2016, a federal court in Texas issued an order that blocked the U.S. Department of Labor’s (“DOL”) proposed...more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

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