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Fair Labor Standards Act (FLSA) Retailers

Clark Hill PLC

The Learned Concierge - February 2024, Vol. 5

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Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Labor and Employment - Final Rule: Employee or Independent Contractor Classification Under the Fair Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Issues PUMP Act Compliance Guidance for Restaurant and Retail Employers

Implementation of the requirements for compliance with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) has presented unique challenges to employers in the retail and restaurant industries due to...more

Clark Hill PLC

The Learned Concierge - November 2023, Vol. 2

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The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Perkins Coie

Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims

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A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more

Jackson Lewis P.C.

Retailers Must Ensure Compliance With Federal, State Child Labor Regulations

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The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and...more

Jackson Lewis P.C.

Changing Retail Staffing Models – Unforeseen Risks in a New Economy

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Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when employees are unexpectedly sick or when staffing levels fell due to the...more

Fox Rothschild LLP

Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)

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I have often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of the FLSA. ...more

Constangy, Brooks, Smith & Prophete, LLP

Is this lawsuit crazy smart, or just crazy?

Are customers who use self-checkout entitled to be paid for it? NOTE FROM ROBIN: At least one California lawyer thinks so. He recently filed a lawsuit contending that his client, a supermarket customer, and other...more

Fisher Phillips

6 Questions Retailers Should Ask Before Hiring Minors to Address the Labor Shortage

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Some companies are well known for providing teenagers their first jobs and providing a learning foundation on what it takes to be successful in the workplace. But many retailers have long held policies against employing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Top 10 Labor and Employment Issues Keeping Retailers Up at Night in 2021

Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Amends Holiday Premium Pay Law and Tips Act as Part of Economic Stimulus Package

On January 14, 2021, Massachusetts Governor Charlie Baker signed into law an economic stimulus bill, H.5250, An Act Enabling Partnerships for Growth, which includes two significant changes to Massachusetts wage and hour laws....more

Littler

DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”

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On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).  Prior to May...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application

On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry...more

Fox Rothschild LLP

USDOL Revises FLSA Section 7(i) Retail Commission Exemption: Long Overdue And Very Welcome!

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I have handled a number of cases involving Section 7(i) of the Fair Labor Standards Act (“FLSA”) which provides an exemption from overtime for commissioned employees working for a so-called retail/service establishment. One...more

Fisher Phillips

FLSA Commissioned-Employee Exemption Clarifications: Retailers, It’s Time For A Checkup

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The Department of Labor’s Wage and Hour Division deftly tackled decades of confusion regarding which establishments might have employees meeting the FLSA’s 7(i) overtime exemption for certain commission-paid employees. Even...more

Fisher Phillips

What Retailers Need To Know About Labor Department’s Interpretation Of The Fluctuating Workweek: Regular Rate Principles Prevail

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The U.S. Department of Labor’s final regulations addressing the FLSA’s fluctuating workweek (FWW) method reminded us that (1) legal principles control and (2) illustrative examples merely demonstrate application. The agency...more

Snell & Wilmer

Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

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Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments....more

Orrick - Employment Law and Litigation

Catching Up with the Times: DOL Issues Final Rule Simplifying Retail Exemption Under the FLSA

As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what...more

Sherman & Howard L.L.C.

DOL Creates New Streamlined Standard For Retail And Service Employee Overtime Exemption

The U.S. Department of Labor (DOL) has simplified the overtime exemption for commission-based workers in retail and service industries. Under the Fair Labor Standards Act (FLSA), some employees in retail and service...more

DirectEmployers Association

OFCCP Week In Review: May 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mintz - Employment Viewpoints

DOL Withdraws FLSA Inside Sales Exemption Lists

The U.S. Department of Labor (“DOL”) issued a new final rule on May 19, 2020 recasting the Fair Labor Standard Act’s (“FLSA”) inside sales exemption, Section 7(i). This new rule – which took effect immediately – repeals two...more

Proskauer - Law and the Workplace

Wage and Hour Division Modifies Rules For FLSA’s Retail Sales Exemption

On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Expands Types of Businesses That Can Claim Retail Overtime Exemption

Section 7(i) of the Fair Labor Standards Act provides an exemption from the usual overtime pay requirements for certain commissioned employees of retail or service establishments. For decades, the U.S. Department of Labor has...more

Seyfarth Shaw LLP

What do you call the axing of some DOL Section 7(i) interpretive regs? A good start.

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Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair...more

Fox Rothschild LLP

In Major Move, USDOL Makes It Easier For Employers To Claim The Commission Exemption Of 29 USC 207(i)—Outstanding!

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I have handled many cases involving the so-called commission exemption under the Fair Labor Standards Act, Section 207(i), and I can safely say that often a big stumbling block for the defendant (i.e. employer) is to show...more

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