News & Analysis as of

Over-Time Fair Labor Standards Act

Some States Forge Ahead On Salary Thresholds

by Fisher Phillips on

Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more

11th Circuit Denies Private Federal Right of Action for Withheld Tips

The Court of Appeals for the 11th Circuit held earlier this week that a plaintiff who received at least the minimum wage and any overtime pay owed could not sue under the FLSA for withheld tips....more

Salary Threshold Regs Un-enjoined?

by Sherman & Howard L.L.C. on

Wednesday a group of Chipotle employees brought suit in New Jersey federal court alleging FLSA violations stemming from Chipotle’s failure to follow the Obama-era salary-basis regulations. As you will recall, these...more

Nevada Labor Commissioner Advises that Employers May Compensate Certain Employees Under Fluctuating Work Week Method

by Littler on

On May 25, 2017, the Nevada Labor Commissioner posted an Advisory Opinion stating that the fluctuating work week method (FWW) may be used to compensate certain nonexempt employees. The Advisory Opinion stated the FWW method...more

Local Services Providers Receive Clarification of Enterprise Coverage Under the FLSA

by Hinshaw & Culbertson LLP on

Earlier this week, the Eleventh Circuit issued rare guidance to local service providers as to which employees must be paid overtime under the Fair Labor Standards Act (FLSA). In doing so, the Court clarified the distinction...more

DOL to Take Steps to Address Persuader, Overtime Rules

by Littler on

The same week the Department of Labor removed two guidance documents governing joint employment and independent contractors, it indicated it will soon reconsider two contentious rules that have been put on hold. The DOL is...more

Could a new overtime rule be in our future?

In a recent budget hearing, U.S. Secretary of Labor Alexander Acosta indicated that the Department of Labor plans to re-assess the overtime rule issued by the prior administration and, in particular, the salary level set by...more

DOL Expected to Issue Request for Information on OT Rules

by Seyfarth Shaw LLP on

During his Wednesday hearing before a House Appropriations Subcommittee, in which he addressed the Trump Administration’s proposed budget for DOL, Secretary Alexander Acosta informed the committee that the Department planned...more

Acosta Plans to Rescue Overtime Rule with Information Request

At a U.S. Department of Labor (DOL) budget hearing before the Subcommittee for Labor, Health and Human Services, Education, and Related Agencies of the Appropriations Committee for the U.S. House of Representatives, Secretary...more

In Nationwide Conditional Certification, Evidence Still Matters

As employers well know, the Fair Labor Standards Act (“FLSA”) permits employees to file suits on behalf of themselves and others who are “similarly situated.” 29 U.S.C. 216(b). In practice, this often means large employers...more

WPI Wage Watch: Minimum Wage and Overtime Updates (May Edition)

by Littler on

Just under halfway through 2017, minimum wage and overtime developments have shifted into overdrive. Proposals submitted by federal legislators from both sides of the aisle highlight the different approaches the country’s...more

The Ninth Circuit Goes All In. Will the Supreme Court Call?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court....more

The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations...more

Is the 8 and 80 Overtime Exception for Hospitals and Health Care Providers the Right Fit for Your Company?

by Baker Ober Health Law on

The Fair Labor Standards Act (FLSA) requires that employers pay most workers at least minimum wage for all hours worked, plus overtime – one and one-half the employee's regular rate of pay – for all hours worked in excess of...more

Bill Permitting “Comp Time” in Lieu of Overtime Heads to Senate

by Akerman LLP - HR Defense on

A Republican proposal to allow private employers to offer employees compensatory time off in lieu of paying overtime at time–and–a–half their regular rate has been approved by the U.S. House of Representatives and next moves...more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

American Corporation Seeks To Dismiss Afghan Overtime Claim By Contractors: What Is Going On?

by Fox Rothschild LLP on

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and...more

House Passes Working Families Flexibility Act of 2017

by Ballard Spahr LLP on

The U.S. House of Representatives has passed the Working Families Flexibility Act of 2017, which would allow private sector employers to offer eligible employees compensatory time off in lieu of compensation for overtime...more

U.S. House passes bill to substitute overtime pay with time off

by McAfee & Taft on

On May 2, 2017, the Executive Office of the President issued a statement supporting a new House bill, H.R. 1180. H.R. 1180, the Working Families Flexibility Act of 2017, proposes to amend the Fair Labor Standards Act (“FLSA”)...more

Labor & Employment E-Note - May 2017

by Burr & Forman on

The House recently passed a bill that would amend the Fair Labor Standards Act to allow certain employees to choose to take paid time off rather than overtime pay when working more than 40 hours in a workweek. Ron Flowers and...more

Reminder for Seasonal Recreational Facility Employers as Summertime Approaches: Minimum wage, overtime are not always part of...

by Nexsen Pruet, PLLC on

With graduation season upon us and temperatures warming up, it is only a matter of time before amusement and theme parks, beaches, and pools see an influx of visitors as families begin their summer vacations. Many of these...more

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more

Is Comp Time Finally Coming to Private Employers?

by Cozen O'Connor on

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair...more

What’s Compensable?

by Zelle LLP on

The Fair Labor Standards Act has made plenty of news recently, but most of the attention has been focused on who qualifies for overtime. For much of 2016, it looked like new federal regulations would require that anyone...more

House Passes Amendment to Fair Labor Standards Act Permitting Private Sector Comp Time

by Conn Maciel Carey LLP on

On May 2, 2017, the U.S. House of Representatives passed the Working Family Flexibility Act of 2017 – a bill that would amend the Fair Labor Standards Act (FLSA) to permit private employees to take paid time off instead of...more

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