Fair Labor Standards Act The United States Department of Labor

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

Notes From Acosta Confirmation Hearing

U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal...more

Wait! Did the Fourth Circuit Just Define FLSA Joint Employment More Broadly Than Obama’s DOL?

Employers have no doubt been paying close attention to the future of the joint employer doctrine, which was a focus of change and expansion for DOL leadership during the Obama administration. With a new administration in...more

 Be Careful About Signing USDOL Back-Wage Summaries

When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a...more

How to Avoid Disney’s Not-So-Fairy Tale $3.8 Million Payment of Employee Back Wages

On Friday, March 17, 2017, the U.S. Department of Labor (“DOL”) and two subsidiaries of The Walt Disney Co. (“Disney”), the Disney Vacation Club Management Corp., and the Walt Disney Parks and Resorts U.S. Inc., reached an...more

Employer-Compliance Obligations and Enjoined DOL Regulations

As previously discussed on this blog in a post dated November 23, 2016, the United States Department of Labor (“DOL”), in May of 2016, issued a final rule (“Final Rule”) revising its regulations construing the so-called...more

How Does the Supreme Court’s Remand of the Transgender Discrimination Case Impact Wage-and-Hour Class Actions?

On March 6, 2017, the Supreme Court, in a one-sentence summary disposition, remanded the case of Gloucester County Sch. Bd. v. G.G. to the U.S. Court of Appeals for the Fourth Circuit “for further consideration in light of...more

More About USDOL's Liquidated-Damages Policy

We wrote last December about our ongoing efforts to secure a copy of an undisclosed "policy" that various U.S. Department of Labor officials have referred to in insisting that an employer pay at least some amount in...more

The Perils of Calculating Regular Rate of Pay

Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5 for each hour worked over 40 in a workweek. Right? If only overtime...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

Another Nursing Mother's FLSA Claims Settled

The U.S. Department of Labor reports that a California restaurant company has agreed to take steps to remedy alleged: ? Non-compliance with the federal Fair Labor Standards Act's requirement that covered employers give...more

Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules

On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more

Time and Time Again

On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department’s additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules....more

Joint Employment: Are Your Subcontractors Leaving You at Risk?

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

Fourth Circuit Offers New Test for Joint Employment under FLSA

The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act. Salinas v. Commercial Interiors, Inc. has broad implications...more

Overtime Appeal Faces Further Delay

So what’s the future of the overtime regulations that were supposed to become effective last December, but then got blocked by a federal judge just before Thanksgiving? It appears that we are going to have to wait a while...more

Top Ten Expected Labor and Employment Law Changes by the New Trump Administration

With the inauguration behind us, what changes do we expect the Trump Administration to make to labor and employment laws? The following is a top ten list of those expected changes, as recently discussed during a webinar that...more

Sunset for day rates?

It is common, if not industry standard, for companies in oil and gas to utilize a "day rate" structure. For example, drillers may agree to pay a contractor $600/day per employee for certain services. That contractor will...more

States May Step Into Void Created by Demise of DOL’s Overtime Rule

Since the Department of Labor announced the new overtime rule last May, we have been closely following its rocky implementation in a series of posts. Presently, the rule – which would render an estimated 4 million workers...more

President Trump’s “One In, Two Out” Executive Order Signals Regulatory and Employment Policy Shift

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.-Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. On...more

USDOL Should Retract Fluctuating-Workweek Commentary

Readers will recall that, in 2011, the U.S. Department of Labor undertook to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act. This compensation method calls for paying a...more

Is the USDOL Making it Easier for On-Demand Workers to Claim Misclassification?

The on-demand economy has certainly changed the way people provide and receive services. It may also be changing the way the government focuses its enforcement priorities. The U.S. Department of Labor (USDOL) issued...more

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