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

"White Collar" Exemption Changes:  Keep Calm And Carry On

Recent Congressional initiatives have targeted the impending increases in the U.S. Labor Department's dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions. There...more

House Appropriations Committee OK’s Spending Bill that Prohibits Enforcement of Controversial DOL and NLRB Regulations and...

On July 14th, the House Appropriations Committee approved a $161.6 billion draft Labor, Health, and Human Service bill that contains several provisions that would prevent the Department of Labor (“DOL”) and the National...more

Federal Courts Teach Arbitration 101 In Recent Opinions

While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics. In recent weeks, federal appellate courts have reminded parties who...more

Employment Law Alert: Will You Need to Pay Overtime to Your Salaried Workforce?

New Questions Arise as the Federal Minimum Salary Levels for Exempt Employees Will More Than Double on December 1, 2016 - The U.S. Department of Labor (“DOL”) has issued new regulations which increase the minimum salary...more

FAQs on the Final Overtime Regulations

On May 18, the U.S. Department of Labor’s (DOL) Wage and Hour Division released the new final overtime rule. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair...more

Seventh Circuit Serves Up Employer-Friendly Recipe For Compensating Tipped Employees

Many employers, particularly in the hospitality industry, pay tipped employees less than the minimum wage. They do so anticipating that tipped employees will receive tips from customers that push employees’ income above...more

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

Chicago Minimum Wage Increased Again On July 1, 2016, And Updated Notice Must Be Given To Employees

As previously reported in The Fast Laner, the Chicago Minimum Wage Ordinance incrementally increases each on July 1 of each year until it reaches $13.00 per hour in 2019. Therefore, as a reminder, effective July 1, 2016,...more

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the...more

The DOL Isn't Done Yet and Non-Compliance is Getting More Expensive Than Ever

Employers around the country are busy trying to keep up with the fast and furious rule-making from the Department of Labor. From OSHA reporting requirements, the persuader and fiduciary rules and the new overtime regulations,...more

Handling Hashtags in the Workplace

The hashtags associated with our current social and political landscape are powerful. From #BlackLivesMatter to #BlueLivesMatter, #ImWithHer to #ImWithHim and #NeverHillary to #NeverTrump, if a picture is worth a thousand...more

Auto Dealers Lead the Way for Ignoring Certain Federal Regulations

Not all federal regulations reflect a rule of law. In fact, some are not even given deference by the courts as a legitimate interpretation of the law. The U.S. Supreme Court recently concluded that certain federal regulations...more

Emerging Trends Newsletter - Q2

We are thrilled to bring you the 2nd installment of Stinson Leonard Street's Emerging Trends newsletter. Recent Delaware Supreme Court Opinion Limits General Personal Jurisdiction for Foreign Corporation - Recent...more

ACA Retaliation: Let Us Tell You A Little Story about A Man Named Jed

Jed, employed by Drysdale LLC, a janitorial contractor, recently began working nights at the National Bank of Commerce, supervised by the Bank’s Chief of Security. Jed’s family had health insurance until his wife lost her...more

InterConnect FLASH! No. 55 - Disruptors Continue to Create Challenges for the Independent Contractor Business Model

Disruptors Continue to Create Challenges for the Independent Contractor Business Model - Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible...more

Employer Strategies for the DOL’s New Overtime Rule

In a recent post, my partner, Anne Yuengert, wrote about the DOL’s new overtime rule and the changes that go into effect December 1, 2016. Most significantly, the rule increases the minimum salary requirement for the...more

Busting Employment Law Myths

Employment lawyers get to hear lots of great stories and lots of client opinions. That’s part of why we love our jobs. Many of the stories describe goofy or inappropriate employee behavior – and some include goofy or...more

EEOC Amends Its “Pay Survey” Proposal A Teensy Bit. I Still Don’t Like It.

On February 1, the Equal Employment Opportunity Commission issued a proposal that would require employers with 100 or more employees to begin submitting compensation data with their annual EEO-1 reports....more

Best in Law: Beware of In-Lieu-Of Payments to Employees

Employers who allow their employees to opt for taxable cash payments in lieu of health benefits must consider the value of the payments when calculating overtime rates, a federal appellate court has ruled. Originally...more

Attack on waivers of class action claims

Some companies ask their employees to sign arbitration agreements requiring them to arbitrate any disputes about their employment, rather than filing a lawsuit against the employer in a state or federal court. A few years...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

2016 Executive Employer Survey Report

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

[Webinar] The New Overtime Rule: Yes, It Really Is Happening - Are You Ready? - July 21st, 1:30p.m. EDT

The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal

Seyfarth Synopsis: A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to...more

Cashed Out Benefits Must Be Included in Regular Rate When Calculating Overtime Premium

Overtime paid to non-exempt employees under the Fair Labor Standards Act must be at time and one-half of the employee’s “regular rate.” The regular rate includes most compensation paid to the employee, such as bonuses and...more

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