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Fair Labor Standards Act (FLSA) Work Schedules

Littler

New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

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On July 30, 2024, Governor JB Pritzker signed into law S.B. 3646 (the “Act”), repealing the state’s prior child labor law, and replacing it with the “Child Labor Law of 2024.” The stated intent of the Act is to “safeguard all...more

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

Hurricanes and Earthquakes and Wildfires, Oh My! - Key Disaster Preparedness Considerations for Employers

A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the...more

Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

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Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

Seyfarth Shaw LLP

A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

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A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more

FordHarrison

Eleventh Circuit Reinforces Fluctuating Workweek Method Of Paying Overtime

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The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more

Fisher Phillips

Employing Minors in Tennessee – FAQs for Employers

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With the labor shortage, you may have started considering expanding your applicant pool to groups of potential employees you had not previously considered, like minors. Even if you have not yet considered hiring minors, you...more

Fox Rothschild LLP

What Is A Workweek Under The FLSA?: Whatever The Employer Says

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Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware of. I read an interesting article about...more

Poyner Spruill LLP

Can You Pay Your Workers in Chicken Nuggets?

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On July 26, 2022, a Chick-fil-A franchise in Hendersonville, NC put up a Facebook post saying, “We are looking for volunteers for our new Drive Thru Express! Earn 5 free entrees per shift (1 hr) worked. Message us for...more

Venable LLP

32-Hour Workweek? Not Just Yet, California Legislature Says

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Mercury in retrograde or a sign of the end times? In a rare win for employers, the California legislature this past week failed to advance Assembly Bill 2932 - mandating a 4-day workweek for large employers in the state -...more

Fisher Phillips

Will Having Every Friday Off Work Become the New Normal? The 5 Things Employers Should Consider Before Establishing A 4-Day...

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Workers have been asking for it, and some employers are starting to listen: we’re talking about the push to establish four-day workweeks as a new standard. And we don’t mean assigning employees to work four 10-hour days per...more

BakerHostetler

[Webinar] Wage and Hour in the Energy Industry – New Administration, New Rules - May 4th, 11:30 am - 12:30 pm CT

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While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...more

Fox Rothschild LLP

Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

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As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more

Akerman LLP - HR Defense

Employees Are Responsible for Logging Remote Work Hours

Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those...more

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

U.S. Department of Labor Issues New Guidance on Remote Work

The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state...more

Fisher Phillips

Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek

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Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more

K&L Gates LLP

Working Wise - Volume 6

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1. PHILADELPHIA DELAYS ENACTMENT OF FAIR WORKWEEK ORDINANCE - Philadelphia employers received an early holiday gift in December: The effective date of the municipality’s new Fair Workweek Ordinance has been postponed from...more

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

Supreme Court of Pennsylvania Rejects Use of Fluctuating Workweek Method for Overtime Payment Calculation

In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more

Fisher Phillips

Labor Department’s New 4-Factor Rule Attempts To Limit Joint Employment

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The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead...more

Seyfarth Shaw LLP

The Pennsylvania Supreme Court Finally Kills The Fluctuating Workweek Doctrine in Pennsylvania, Ruling That The “Half-Time” Method...

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Seyfarth Synopsis: Does Pennsylvania law permit the fluctuating workweek (“FWW”) method of paying overtime? The Pennsylvania Supreme Court has answered that question with a resounding “No, but…”...more

Troutman Pepper

Pennsylvania Supreme Court Confirms That Employers Cannot Use Fluctuating Workweek Method of Calculating Overtime

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Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know? ...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (November Edition)

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Turkeys weren't the only things stuffed in November – there was a gut-busting amount of late-year legislative, regulatory and case law developments at the federal, state, and local levels concerning the minimum wage, tips,...more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

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The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019.  Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities.  Only one of these is new: a...more

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

Creating the Space: Healthcare Employers Implement Programs for Nursing Mothers

Women make up the majority of employees in the healthcare industry. According to the Bureau of Labor Statistics, in 2018, 75 percent of hospital staff and nearly 80 percent of the staff of other health services were composed...more

Littler

Deck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring

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The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased...more

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