Fair Labor Standards Act Wage and Hour

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

LATEST UPDATE: When Will The Exemption Changes Occur?

The U.S. Labor Department's most-recent semi-annual regulatory agenda shows a July 2016 "Final Rule" timeframe for the revised regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions....more

Final Rule Amending Overtime Requirements Not Expected Until Late 2016

On June 30, 2015, the Department of Labor (DOL) published its proposed rule amending the minimum salary requirement for overtime exemption under the Fair Labor Standards Act (FLSA). Under the proposed rule, the minimum weekly...more

Pizza franchisee jailed for wage violations

Most employers know that failing to pay minimum wage or overtime pay to their employees can lead to serious consequences. When employees file lawsuits claiming unpaid overtime wages, they can bring in their co-workers,...more

Home Care Industry Coalition Seeks Supreme Court Review of DOL's Home Care Rule

In the latest litigation chapter involving the U.S. Department of Labor’s rule extending minimum wage and overtime requirements to certain home care workers, a home care industry coalition has taken its challenge of the rule...more

So No New FLSA Overtime Regulations Until Late 2016?

You may recall that, in late June 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s “white-collar” overtime exemption...more

Start Preparing Now for Wage and Hour Changes on the Horizon

As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor...more

Standards of Proof in Employment Wage and Hour Class Actions Remain a Hot Topic for U.S. Supreme Court

Last week the United States Supreme Court heard oral arguments in a donning and doffing class and collective action against Tyson Foods, Inc. (see full transcript of oral argument here) that has the potential to dramatically...more

Lower Oil and Gas Prices Met With an Uptick in Unpaid Overtime, Worker Misclassification, and Other Wage Suits

On Monday, the United States Energy Information Administration released a Drilling Productivity Report. The report projects that total oil output from seven major U.S. shale regions will fall by 118,000 barrels per day to...more

Supreme Court Hears Oral Argument in Tyson Foods, Inc. v. Bouaphakeo

On Tuesday the Supreme Court heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, which concerns (among other things) whether courts can certify classes that are defined in a way that would include people who do not have...more

Quick Quiz Answer: Part-Time Exempt Status

The answer to our November 6, 2015 Quick Quiz is, "No". Under the new arrangement, Bigtown Computer Corporation could not continue to treat Tom as being exempt from the federal Fair Labor Standards Act's minimum-wage and...more

Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and...more

Reading Tea Leaves From Today’s U.S. Supreme Court Arguments In The Tyson Foods Class Action

The U.S. Supreme Court heard arguments today in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (U.S. Nov. 10, 2015). Many pundits believe the case has enormous implications for workplace class action litigation, as the case...more

Where’s the (Pork)? Justices Sidestep Meatiest Issues at Oral Argument in Tyson Foods

Companies burdened by an avalanche of wage and hour class and collective actions have been hoping that Tyson Foods, Inc. v. Bouaphakeo might be the game-changing decision they have been waiting for. If the oral argument...more

Employment Law Update - November 2015

Coming Changes to Overtime Exemptions Rules Will Have Serious Impact on Employers - The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and...more

Per Diems and the Regular Rate of Pay: What to Know for Your Overtime Calculation

The United States District Court for the Northern District of Oklahoma in Sharp v. CGG Land (U.S.) Inc., No. 14-cv-0614 (October 19, 2015), recently ruled in favor of an employer that had excluded per diem payments from a...more

ELL SCOTUS Series # 3 – Tyson Foods Inc. v. Bouaphakeo

In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

NLRB: A Sole Employee Filing a Class Action Lawsuit is Protected Concerted Activity

The National Labor Relations Board’s (“NLRB”) definition of the word “concerted” is beginning to extend past its common sense meaning. The NLRB has been expanding what counts as “concerted” activity under Section 7 of the...more

Employee Misclassification Continues to Make News

Just last month, GrubHub, DoorDash, and Caviar were sued in San Francisco Superior Court in lawsuits similar to those pending cases against Uber and Lyft. These three new lawsuits ask the hot-button question: are...more

Documenting Efforts to Comply with the FLSA May Help Limit Damages Exposure

With all of the media attention on imminent changes to the Fair Labor Standards Act (FLSA) and the incredible increase in wage and hour litigation, it is a good time to review employees’ exempt/non-exempt classification and...more

Tricks or Treats: Human Resources Challenges Ahead

Halloween is traditionally a time for “trick or treating.” For human resource professionals, many days can be Halloween-like, filled with unexpected events or career rewards. Recently, dozens of HR professionals participated...more

Michael Kors and Versace Sued by Unpaid Interns

Earlier this month, approximately 100 former interns filed class action suits in New York state court against Michael Kors and Versace for allegedly classifying them as interns rather than employees....more

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

When Will The Exemption Changes Occur?

One of the most-pressing questions for employers at the moment is when the U.S. Labor Department will finalize changes in its definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Some have...more

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager...

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously...more

918 Results
View per page
Page: of 37

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.