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 -
News & Analysis as of

No Pay for Student Athletes’ Play, Seventh Circuit Affirms

Adding to the growing body of case law dealing with the employment status of college students vis-à-vis institutions of higher learning where they are enrolled, the U.S. Court of Appeals for the Seventh Circuit recently ruled...more

Texas overtime ruling directly affects California employers

California employers are directly affected by a decision of a federal district court in Texas enjoining the implementation of the Department of Labor (DOL) minimum salary guideline for employees. State of Nevada v. U.S. Dept....more

Fifth Circuit Agrees to Fast Track Overtime Appeal

On December 8, 2016, the U.S. Court of Appeals for the Fifth Circuit announced that it will fast track the appeal of a nationwide preliminary injunction that blocks the U.S. Department of Labor (DOL) from implementing its...more

Restaurant and Business Leader Andy Puzder Picked to Lead the DOL

President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more

A Partial FLSA Wish List

Presidential elections have typically sparked speculation about possible changes in employment laws and enforcement policies. But this seems to be especially true now, due in part to the discussion already occurring about...more

Fifth Circuit Fast-Tracks Appeal of Overtime Rule Injunction

On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to...more

2017 Labor & Employment Law Update for California Employers

In 2016, California passed a slew of labor and employment laws affecting businesses across the state and their personnel policies and practices. Below is a brief summary of many of these laws, which generally take effect on...more

Fifth Circuit Grants DOL’S Request For Expedited Briefing of Preliminary Injunction Ruling; Case to Be Fully Briefed by January...

In a December 8, 2016 Order, the Fifth Circuit Court of Appeals granted the DOL’s request for expedited briefing of its appeal of the preliminary injunction issued by a district court judge that had enjoined the DOL from...more

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

Post No Bills? Employers Have To Post Plenty!

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary: - Federal 6-in-1...more

Recent Developments Following the Issuance of an Injunction Against the DOL's Implementation of New Overtime Regulations

As expected, on Thursday, December 1, 2016, the United States Department of Labor (“DOL”) filed a notice of its appeal to the United States Court of Appeals for the Fifth Circuit of a preliminary injunction blocking the DOL...more

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Seventh Circuit Upholds Dismissal of Student-Athletes’ Claim for Compensation

The Seventh Circuit upheld the dismissal of claims brought by two former University of Pennsylvania student-athletes against the NCAA and more than 120 NCAA Division I universities and colleges, alleging that student athletes...more

Seventh Circuit Says Student Athletes Are Not Employees

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more

Spreading Good Cheer: What Employers Should Know About Holiday Pay For Nonexempt Employees

December ushers in the hustle and bustle of the holiday season. From office parties to school holiday pageants to gatherings with family and friends, employers and employees have many holiday activities on their minds....more

Pretty Fast for Government Work: United States Department of Labor Files Notice of Appeal of Order Enjoining Enforcement of...

On November 22, 2016, the United States District Court for the Eastern District of Texas granted a momentous preliminary injunction stopping the United States Department of Labor ("DOL") from implementing and enforcing its...more

Student Athletes Are Not Employees, Seventh Circuit Rules

Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more

The New Salary Regulations: The Saga Continues

While employers took solace from the November 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is...more

Food and Beverage Law Update: December 2016

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Uncertainty Remains in Wake of Court Decision Blocking DOL Overtime Regulations

Earlier this year, the U.S. Department of Labor issued a Final Rule increasing the minimum salary level for employees otherwise exempt from the overtime pay requirements of the Fair Labor Standard Act from $23,660 per year to...more

DOL Requests Expedited Ruling on Appeal of Preliminary Injunction, But Appeal Will Not Be Decided Before Trump Administration...

On December 2, one day after filing its appeal of the preliminary injunction blocking its new salary basis regulations, the DOL filed a request for expedited briefing and oral argument in the appeal. The DOL has requested...more

The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not...more

Workplace Policy Institute Insider Report - December 2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At...

Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from...more

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