News & Analysis as of

FLSA Does Not Prohibit Mandatory Individual Arbitration of Claims

Employers concerned about the cost and unpredictability of the civil judicial system may elect to require binding individual arbitration of disputes with their employees. In response, employees trying to get their claims...more

President Obama's Directions to DOL Include Review of Duties Tests for Overtime Exemptions

Last week’s EmployNews reported a White House announcement that the Department of Labor has been instructed to review changing minimum salary levels for qualification for the executive, administrative and professional...more

One “Tip” That Won’t Soon Be Forgotten

Recently, Philadelphia sports bar and restaurant chain Chickie’s & Pete’s (“C&P”) signed a consent judgment with the Department of Labor agreeing to pay current and former employees more than $6.8 million in back wages and...more

The Time-and-a-Halfs They Are A ‘Changin’

Earlier this month, President Obama directed the U.S. Department of Labor to update the federal overtime pay regulations by revising the salary component of the executive, administrative, and professional exemptions. To...more

Obama Calls For Revisions Of "White-Collar" FLSA Overtime Exemptions

In an unexpected move, the Obama administration officially announced that it will issue a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime...more

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more

President Obama Announces Initiative to Increase Minimum Salary for Employees Exempt From Overtime Requirements

Faced with continuing Congressional refusal to consider an increase to the minimum wage, on Wednesday, President Obama announced his intent to direct the Department of Labor to consider raising the minimum weekly salary...more

President Seeks Expansion of Overtime Requirements

On March 13, 2014, President Obama issued a presidential memorandum directing the secretary of labor to revise the regulations defining the overtime exemptions under the Fair Labor Standards Act (FLSA). The president focused...more

A closer look at the expansion of overtime

Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. Now, let’s take a closer look at what it is all about....more

President Directs Department of Labor Secretary to Propose Changes To Overtime Regulations

On March 13, 2014, with a collection of American workers standing behind him, President Obama signed a memorandum directing the Secretary of Labor, Thomas Perez, to “propose revisions to modernize and streamline the existing...more

FLSA Overtime Rule Changes Likely: What Would They Mean For Employers?

New overtime rules likely to be issued by the Obama Administration would make more executive or managerial employees eligible for overtime pay under FLSA. Under the current federal rules, executive or managerial...more

Many Exempt Employees With Salaries $30,000 To $50,000 May Soon Be Entitled To Overtime

On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more

President Obama Directs the Department of Labor to Revise Federal Overtime Regulations

On Thursday, March 13, President Obama directed U.S. Secretary of Labor Thomas E. Perez to "modernize and streamline" the Department of Labor's (DOL) "white collar" overtime exemption regulations at 29 C.F.R. Part 541. The...more

New Year’s Resolution — Protecting Your Business: 10 Employment Law Questions To Test Your Knowledge

In This Issue: - Employment Law New Year’s Quiz - For More Information - Excerpt from Employment Law New Year’s Quiz: 1. An employee has complained that he has been working long hours recently, but...more

eAlert - California Employment Legislative Update: What's New for 2014?

In California, the New Year means new laws and regulations for California employers. Below we summarize new legislation that will affect employers doing business in California beginning January 1, 2014, unless otherwise...more

Restaurant Managers in Hot Water

Business owners are often sued personally in FLSA suits, but a recent case shows there’s a significant risk for restaurant managers, as well. In Jang et al. v. Woo Lae Oak, Inc., et al., No. 12-cv-00782, 2013 WL 6577027 (N.D....more

Week in Review - November 27, 2013

Social media and technology seem to be doing more harm than good in the workplace this week. A new study suggests that some employers may be using Facebook profiles to discriminate against job applicants based on legally...more

"Right to Know" Initiative Apparently Expanded

The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act. ...more

Take 5 Newsletter: Wage and Hour Update - October 9, 2013

- IRS Will Begin Taxing a Restaurant's Automatic Gratuities as Service Charges Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers get fair tips. This method...more

Domestic Workers Get Overtime In California Starting January 1, 2014

Among the various wage-related legislation Governor Brown signed into law recently is a provision that will allow housekeepers, nannies, caregivers and other domestic workers in private homes to collect overtime pay. ...more

eTrends - DOL Announces Final Rule for Home Health Care Workers

The United States Department of Labor (DOL) Wage and Hour Division issued a final rule on September 17, 2013 that will extend the minimum wage and overtime protections of the Fair Labor Standards Act to in-home workers who...more

Going Gaga Over Wage And Hour Obligations

What would you say is one of the biggest impacts on employers of this new (well, maybe, not so new) era of technology? The inability of employers to know about and keep track of time spent by employees working off premises...more

Change of working time rules in Poland: more flexibility for employers!

An amendment to the Labor Code, which will come into force on 23 August 2013, introduces new rules regarding "settlement periods" and working time schedules....more

Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is...more

Second Circuit Says that Overtime Claims Lacking Specificity Fail

On August 5, 2013, the U.S. Court of Appeals for the Second Circuit issued its third opinion since May of this year in Dejesus v. HF management Services, LLC, affirming the dismissal of Fair Labor Standards Act (FLSA) claims...more

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