Over-Time Fair Labor Standards Act

News & Analysis as of

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that...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

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

Employer Denied Access to Employee GPS Data

A federal district court in Indiana recently denied an employer’s motion to compel discovery of employee GPS data in defense of an action brought under the Fair Labor Standards Act (FLSA). Crabtree v. Angie’s List,...more

A Wage and Hour Pitfall: Paying Bonuses to Non-Exempt Employees Can Lead to Trouble

Most employers today recognize that the Fair Labor Standards Act (FLSA) requires that they pay non-exempt employees an overtime premium for working more than 40 hours in any given workweek. What most employers do not...more

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...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

What not to do in wage and hour investigations

Last month the Tenth Circuit Court of Appeals upheld a $2.1 million dollar judgment entered against a Tulsa restaurant for Fair Labor Standards Act (FLSA) overtime and minimum wage violations. If you ever wanted a guide on...more

February 2017: The 12 Biggest Labor And Employment Law Stories

The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...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

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

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

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

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...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

President Trump Says “Not So Fast” — The Future of Overtime, Fiduciary, and Pay Reporting Rules Remains Uncertain Under the Trump...

On January 20, 2017, shortly after Donald Trump became the 45th President of the United States, his Chief of Staff, Reince Priebus, issued an Executive Memorandum mandating a 60-day freeze on published federal regulations...more

The New Overtime Rule – The Plot Thickens

This is a brief update to the court machinations in the DOL’s appeal of the Texas Court’s decision to issue a preliminary injunction barring the implementation of the Final Overtime Rule. That appeal is now before the Court...more

Fluctuating-Workweek Plans: Don't Forget State Law!

Many employers have responded to the U.S. Department of Labor's ongoing efforts to increase the pay-related requirements for the federal Fair Labor Standards Act's "white collar" exemptions by making tough decisions about...more

Trump leaves DOL OT rules on life support - For Now

President Trump has had a busy week since his inauguration: ordering construction of a wall, starting to unwind the ACA, arguing with the media about how many people attended his inauguration – the list goes on. One thing...more

Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from...more

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

New Administration Orders Freeze of Pending Regulations, Takes Aim at the Affordable Care Act

One of the first acts of the new Administration on Inauguration Day was to issue a memorandum putting the brakes—at least temporarily—on federal regulations that have not yet taken effect, and to release an executive order...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

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