Wage and Hour

News & Analysis as of

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Third Circuit Says Trucker Entitled to Overtime

Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”). ...more

Potential New Salary Minimum for Exempt Employees

The test for classifying employees as exempt from the Fair Labor Standards Act’s overtime requirements may be briefly summarized as follows: the employee must be paid on a salary basis (i.e., receive the same base salary...more

D.C. DOES Provides Additional Guidance On The D.C. Wage Theft Prevention Amendment Act And Reveals New “Zip Code” Program For D.C....

On Thursday, March 12, 2015, the District of Columbia Department of Employment Services (“DOES”) hosted its first Webinar regarding the D.C. Wage Theft Prevention Amendment Act (the “Act”), and its subsequent amendments. ...more

D.C. Wage Theft Prevention Act Imposes New Notice and Recordkeeping Requirements on Employers

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 ("the Act") – which became effective on February 26, 2015 – makes broad changes to D.C.’s wage and hour laws, including the Minimum Wage Revision Act, the...more

Employers Must Prepare Now for Seattle’s New Minimum Wage Rate, Effective April 1

Employers with employees working within the city limits of Seattle must begin complying with Seattle’s Minimum Wage Ordinance on April 1. The new Seattle ordinance will increase the hourly minimum wage for covered employees...more

U.S. Supreme Court Notice, Comment Not Required for Federal Agencies Interpreting Regulations

The U.S. Supreme Court decided in Perez v. Mortgage Bankers Association that federal agencies are not required to use the Administrative Procedure Act's (APA) notice and comment procedures when issuing or making changes to...more

February Comes and Goes with No Action by DOL on New FLSA Regulations

The calendar has flipped from February to March, but there is still nothing from the Department of Labor regarding new regulations governing the Fair Labor Standards Act. Don’t worry, you haven’t missed anything. The DOL...more

Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more

Who Needs Rules? The DOL Wins Supreme Court Battle In Mortgage Loan Officer Administrator Interpretation vs. Rule Making

When a federal agency deviates significantly in its historic interpretation of a regulation – in this case, doing a complete 180° on whether mortgage loan officers are exempt from overtime under the Fair Labor Standards Act –...more

Can Mortgage Loan Officers Still be Exempt from FLSA Overtime Requirements?

On March 9, 2015, the United States Supreme Court issued an opinion upholding a 2010 Department of Labor (DOL) interpretative rule finding that mortgage loan officers are generally not administratively exempt from Fair Labor...more

Supreme Court Sides with DOL and Overturns Longstanding DC Circuit Ruling Under Administrative Procedure Act

Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more

Employment Status of Cosmetology Students Is Not So Cut and Dry

The issue of whether "interns" are employees entitled to wages has been at the forefront of employment litigation over the past couple of years. Similar to interns, cosmetology students are now filing suits against their...more

Security Guards Are Entitled To Compensation For All On-Call Hours Spent At Employer’s Worksite

CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond...more

U.S. Supreme Court Holds That DOL May Change Interpretations of Regulations Without Public Notice and Comment

On March 9, 2015, the United States Supreme Court ruled unanimously in two consolidated cases that a federal agency does not have to go through the formal rulemaking process, which includes providing public notice and an...more

Supreme Court Says Agencies Can Change Rule Interpretation Without Notice and Comment

Companies subject to federal agency regulations sometimes face situations where measures taken to comply with such rules work one day, and then result in violations of those rules the next. Federal administrative agencies...more

Third Circuit Rules That Drivers Of Vehicles Weighing Less Than 10,000 Pounds Must Be Paid Overtime Under FLSA

In a new decision, the first on the subject by a federal appellate court, the Third Circuit has ruled in McMaster v. Eastern Armored Services Inc. that drivers who spend a portion of their work driving “covered” commercial...more

Federal FMLA in Flux: “Spouse” Revised and “Expired” Forms Revived

The U.S. Department of Labor’s (DOL) Wage and Hour Division announced a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA). Effective March 27, 2015, the federal...more

Supreme Court Authorizes the DOL to Change its Interpretative Guidance without Public Input

On March 9, 2015, the U.S. Supreme Court unanimously held in Perez v. Mortgage Bankers Association, that the Department of Labor (DOL) may issue its interpretations of wage and hour regulations without seeking input from the...more

Cook County Passes Wage Theft Ordinance; Businesses Face Harsh Sanctions For Violations of State And Federal Wage Laws

Effective May 1, 2015, employers in Cook County could face severe consequences for violating state and federal wage and hour laws. In a recent unanimous vote, Cook County Commissioners passed the “Cook County Wage Theft...more

Repaid Deduction Saves Day

The Fair Labor Standards Act requires employees to be paid on a salary basis, not hourly, to be exempt under the so-called white collar exemptions, e.g. for executive or administrative employees. ...more

Mortgage Loan Officer Status Clarified by U.S. Supreme Court

The Supreme Court has concluded that interpretations issued by a federal agency are not subject to rule-making processes, such as posting for comment. Thus, as a practical matter it upheld the interpretation —the latest in a...more

Blizzards, Hurricanes, and That Dreaded TORCON Index

Many “it was the worst day of my life” stories begin with a weather event. I will never forget sitting with a client in an early April morning mediation several years ago when she received a call on her cell phone. She was...more

Supreme Court Removes a Major Hurdle for Administrative Agency Rulemaking

On March 9, 2015, the Supreme Court ruled unanimously that when a federal administrative agency wants to amend or repeal an “interpretive rule,” it does not have to follow the notice-and-comment procedures set forth in the...more

Inclement Weather Issues:

This year’s winter weather has wreaked havoc on many parts of the country. Employees have been unable to travel to work, and businesses throughout major cities have shut down their offices. Office closures are costly to...more

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