Fair Labor Standards Act

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -
News & Analysis as of

New Overtime Rules: Changes are Coming

The Fair Labor Standards Act (FLSA) governs federal minimum wage and overtime pay. Currently, employees covered by the FLSA must be paid at least the federal minimum wage, and in most cases, overtime for all hours worked in...more

Department of Labor Seeks Information about Employees' Use of Smartphones

The Obama Administration used the occasion of Memorial Day weekend to release its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, lists a number of items including two specifically related...more

Swatting Gnats

Since the early 2000s, the buzzing gnats of employment litigation involving retailers have been individual Fair Labor Standards Act (FLSA) lawsuits. Whether brought for unpaid overtime, working through lunches, or working off...more

Will DOL's Overtime Rule Revisions Fix the Outside Salesperson Exemption?

The Department of Labor’s long-anticipated revisions to its Part 541 overtime exemption regulations await Office of Management and Budget review before issuance in proposed form. The new rules follow President Obama’s...more

Prepare Now for New FLSA “White-Collar” Exemption Regulations

The U.S. Department of Labor’s proposed regulations dramatically reducing the number of employees who qualify for the white-collar overtime exemptions to the federal Fair Labor Standards Act are expected to be announced...more

Are You Paying Your Summer Intern Correctly?

As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more

Moving Exempt Employees to Non-Exempt Status [Wage & Hour FAQs]

We discuss the misclassification of non-exempt employees regularly here on the blog and in our presentations at conferences and webinars, but a reader of the blog wrote me before the holiday weekend to ask about the reverse...more

Court Slashes “Princely Sum” Sought By Class Counsel in Wage & Hour Class Action

As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees...more

Agencies Issue Proposed Rule, Guidance on Blacklisting Executive Order

The federal agencies charged with implementing President Obama's July 31, 2014 Fair Pay and Safe Workplaces Executive Order have released their much-anticipated proposed rule on this directive. On May 27, 2015, the Department...more

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

Wage and Hour Division Seeks Information on Smartphones’ Impact on Hours Worked

In the Department of Labor’s regulatory agenda for Spring 2015, the Wage & Hour Division announced a request for information (RFI) regarding “the use of technology, including portable electronic devices, by employees away...more

What is Retaliation in the Second Circuit Under the FLSA?

On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...more

Complaining to the Boss? The Second Circuit Says That’s Protected

In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corporation that oral complaints are protected by anti-relation provisions of the Fair Labor Standards Act (“FLSA”), but it did not address a...more

Third Circuit Upholds the Motor Carrier Exemption for Drivers Who Did Not, But Reasonably Could Have Been Expected to, Cross State...

Are drivers of a motor carrier who rarely or never drive the carrier's interstate routes covered by the motor carrier exemption of the Fair Labor Standards Act?  Yes, according to the U.S. Court of Appeals for the Third...more

Timekeeping For Exempt Employees

Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it depends. Is...more

Genesis Healthcare May Be Merely the First Book in Bible on Mooting Class/Collective Actions

In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the...more

Employee Misclassification in the Entertainment Industry

Employee misclassification is one of the leading labor abuses in the country. In fact, in recent years, both the Internal Revenue Service and the U.S. Department of Labor have launched a misclassification initiative to combat...more

Courts continue to back employers with strong timekeeping policies, practices

One of the most difficult issues facing employers is off-the-clock work. Employers may find themselves having to pay for this time even if they do not authorize it. Fair Labor Standards Act (FLSA) regulations state that the...more

Supreme Court Declines to Hear Severance Agreement FLSA Collective Action Waiver Case

The Supreme Court has declined to grant review of a Sixth Circuit decision that cast significant doubt on the effectiveness of an employee’s waiver of Fair Labor Standards Act (FLSA) collective action rights. Last summer, the...more

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

#OptIn #OptOut — Update

Back in March we wrote about the group of former unpaid interns from Gawker Media’s Manhattan office suing to recover back pay under the federal Fair Labor Standards Act (FLSA), and their desire to use social media to...more

Overtime Regulations on the Horizon: What to Start Thinking About Now

Wage and hour issues are oftentimes amongst a company’s least favorite topics of conversation and yet, at the same time, can be the source of major liabilities. And just as the corporate world tries to figure out where the...more

Interns or Employees? The Issue Draws Nearer to Conclusion

Three and a half years ago, litigation began in the Southern District of New York ("S.D.N.Y.") challenging the long-held assumption that interns were not "employees" under the law. These cases alleged that interns who were...more

Weekly Update Newsletter - May 2015 #2

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Final Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities - The Department of Defense (DoD), General Services...more

Gimme a W!  Gimme an A!  Gimme a G!  Gimme an E!  What’s that Spell?!? . .

NFL cheerleaders are one of the more recent groups to Bring It On! in the form of wage and hour litigation for the alleged failure of their teams to pay them a minimum wage....more

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