Fair Labor Standards Act Over-Time

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

Looking Into My Crystal Ball At The Future Of FLSA Regulations

Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more

FLSA Does Not Prohibit Mandatory Individual Arbitration of Claims

Employers concerned about the cost and unpredictability of the civil judicial system may elect to require binding individual arbitration of disputes with their employees. In response, employees trying to get their claims...more

President Obama's Directions to DOL Include Review of Duties Tests for Overtime Exemptions

Last week’s EmployNews reported a White House announcement that the Department of Labor has been instructed to review changing minimum salary levels for qualification for the executive, administrative and professional...more

One “Tip” That Won’t Soon Be Forgotten

Recently, Philadelphia sports bar and restaurant chain Chickie’s & Pete’s (“C&P”) signed a consent judgment with the Department of Labor agreeing to pay current and former employees more than $6.8 million in back wages and...more

Obama Calls For Revisions Of "White-Collar" FLSA Overtime Exemptions

In an unexpected move, the Obama administration officially announced that it will issue a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime...more

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more

President Obama Announces Initiative to Increase Minimum Salary for Employees Exempt From Overtime Requirements

Faced with continuing Congressional refusal to consider an increase to the minimum wage, on Wednesday, President Obama announced his intent to direct the Department of Labor to consider raising the minimum weekly salary...more

President Seeks Expansion of Overtime Requirements

On March 13, 2014, President Obama issued a presidential memorandum directing the secretary of labor to revise the regulations defining the overtime exemptions under the Fair Labor Standards Act (FLSA). The president focused...more

FLSA Overtime Rule Changes Likely: What Would They Mean For Employers?

New overtime rules likely to be issued by the Obama Administration would make more executive or managerial employees eligible for overtime pay under FLSA. Under the current federal rules, executive or managerial...more

Week in Review - March 21, 2014

Overtime pay is a big theme this week following President Obama’s directive that the U.S. Department of Labor work to update the existing federal regulations on overtime pay. The most prominent change that is expected is an...more

Many Exempt Employees With Salaries $30,000 To $50,000 May Soon Be Entitled To Overtime

On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more

President Obama Directs the Department of Labor to Revise Federal Overtime Regulations

On Thursday, March 13, President Obama directed U.S. Secretary of Labor Thomas E. Perez to "modernize and streamline" the Department of Labor's (DOL) "white collar" overtime exemption regulations at 29 C.F.R. Part 541. The...more

President Obama Directs DOL To Overhaul Federal Overtime Regulations

Ordinarily, changes to federal overtime regulations get very little notice in California since our State’s overtime laws are far more protective of employees than the federal Fair Labor Standards Act (FLSA). But President...more

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing" overtime eligibility rules for white-collar workers. The Memorandum directs...more

Paying Elves And Interns!

Actually, internships may be a good option for Santa’s non-profit operation – so long as he does not pay a stipend or offer any benefits and clarifies whether interns are unpaid volunteers or paid employees. Paying a...more

Restaurant Managers in Hot Water

Business owners are often sued personally in FLSA suits, but a recent case shows there’s a significant risk for restaurant managers, as well. In Jang et al. v. Woo Lae Oak, Inc., et al., No. 12-cv-00782, 2013 WL 6577027 (N.D....more

Rule 68 Offer That Excludes Individual Claim Does Not Moot Putative FLSA Collective Action

The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more

The FLSA's "8 and 80" Overtime Provisions: What You Need to Know

The Fair Labor Standards Act (FLSA) requires that employers pay most hourly workers for all hours worked plus overtime, calculated at one-and-a-half times the employee's regular rate, based on 40 hours per seven-day workweek....more

More Rulings Coming on Legality of Intern Programs

In recent years, a wave of lawsuits brought by unpaid interns seeking compensation for their work has spurred businesses to take a hard look at their internship programs to ensure they are compliant with federal and state...more

How and When Bonuses are Awarded Impact Non-Exempt Employees' Overtime Compensation

Does your company pay employees holiday or year-end bonuses? Have you ever considered the impact these bonus payments might have on your employees' overtime premiums? If not, you could be violating FLSA rules....more

Quirky Question #214, Quirky Question: Christmas Bonus as Part of Regular Rate of Pay When Calculating Overtime Pay

Each year, we provide our employees with a Christmas bonus of varying amounts. We’ve always done this because we want to reward our employees for a hard year of work and also spread a bit of holiday cheer. We were recently...more

"Right to Know" Initiative Apparently Expanded

The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act. ...more

Wages for Furloughed Employees

As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more

U.S. DOL's Final Rule Limiting Domestic Services Imposes Heavy Burden On Household Direct Hires

Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more

Employers Must Pay Minimum Wage and Overtime to Home Care Workers They Jointly or Solely Employ

Many groups that have lobbied for change as it relates to home care aides seem to have received some victory. Specifically, the Labor Department announced a Final Rule on September 17, 2013 that extends overtime and wage...more

86 Results
|
View per page
Page: of 4