Wage and Hour Fair Labor Standards Act

News & Analysis as of

"Constructive Knowledge" Off-The-Clock Claim Rejected

Another federal appellate court, this time the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Mississippi, Louisiana, and Texas) has rejected an employee's claim to have been entitled to federal Fair Labor...more

S. CA Restaurant Chain to Pay Over $750,000 for Violating Wage & Hour Laws

The U.S. Department of Labor Wage and Hour Division  announced last week that a Southern California based restaurant chain will pay more than $750,000 in civil penalties and back wages for serious violations of wage and hour...more

The California Regular Rate Of Pay: Not Be So Peculiar

We normally write about how California law differs from American law generally. Today, though, we highlight a recent California case that rejected the notion that California law should deviate from analogous federal wage and...more

So Nice, You’re Considered Employed Twice: DOL on Joint Employment

On January 20, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation that provides fresh guidance for determining when two or more entities will be considered joint...more

DOL Issues Administrative Interpretation Addressing Joint Employment

On January 20, 2016, the United States Department of Labor’s Wage and Hour Division (DOL) issued its first Administrator’s Interpretation (AI) of 2016, providing guidance on the subject of joint employment under the Fair...more

DOL Issues Guidance on Joint Employment

The U.S. Department of Labor Wage and Hour Division weighed in last week on the hot topic of joint employment, issuing an Administrative Interpretation entitled “Joint employment under the Fair Labor Standards Act and Migrant...more

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

Summertime Blues? Solicitor of Labor Eyes July Publication of Overtime Regs

Pinning down a publication date for the DOL’s final revisions to the white-collar exemption rules has proven difficult to anyone outside of the agency’s headquarters. Sometimes, the answer seems to elude even those inside the...more

New FLSA Exemption Rules - Coming In July?

Over the last few months we've been asked on an almost daily basis when the DOL will be publishing its hotly anticipated white collar exemption rules. The short answer is still, we don't know. A few months ago, the word was...more

Involved In Multiple Businesses? You Might Be a Joint Employer!

In our previous post about the DOL's new Administrator's Interpretation ("AI") on joint employment under the FLSA, we focused on "vertical" joint employment. That's the variety of joint employment that exists when there is...more

Burr Alert: Changes to Federal Overtime Exemption Rules Coming in July 2016: What Your Workplace Must Know and Do to Prepare

The U.S. Department of Labor ("DOL") recently announced its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

Beware the Landmines: New and Coming Labor and Employment Laws

From 2014 to 2016 there has been an explosion of labor & employment “laws” through Executive Orders, new regulations and proposed regulations. Some of the requirements apply to all employers, while those issued by...more

FLSA Administrative Exemption – It Is Not What You Think It Is

The number one class action lawsuit for several years running is FLSA claims for overtime pay. The lawsuits can be based on inaccurately recorded or calculated work hours, work hours before “going on the clock” or after...more

2nd Circuit Amends Unpaid-Internship Opinion

Readers will recall that, last July, the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) adopted a "primary benefit" framework for determining whether a for-profit entity's...more

Federal Law Applies in Calculating Overtime on Flat Sum Bonuses

Paying employees a bonus may trigger the obligation to pay retroactive overtime. The good news is that Alvarado v. Dart Container Corporation of California clarifies that it is lawful for California employers to use the...more

Big Changes Are Coming to Overtime Laws in 2016

On March 13, 2014, President Obama signed a Presidential Memorandum directing the United States Department of Labor (DOL) to update the regulations regarding white-collar workers. In June 2015, the DOL announced its proposed...more

Labor & Employment in 2016: Issues to Watch in the New Year

This year is shaping up to be a dynamic one in labor and employment law. From changes to minimum wage and overtime protections to large-scale Equal Employment Opportunity Commission (“EEOC”) investigations, here’s an outline...more

DOL Asserts “As Broad as Possible” Joint Employer Standard for Wage and Hour Enforcement

In new guidance issued on January 20, the Department of Labor (DOL) has aggressively interpreted its authority “as broad as possible” to hold employers responsible for wage and hour violations committed by separate “joint...more

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more

DOL Offers Primer on Joint Employment, Caution to Employers

Increasingly, federal watchdog agencies are sending the message that an employer’s liability under federal employment laws may extend beyond its own employment practices. The latest word is a January 20, 2016 Administrator’s...more

Meowing Dogs and Barking Cats: Supreme Court’s Grant of Cert on Exempt Status of Automobile Service Advisors May Result in...

The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the...more

Labor Department Announces Plan to Find Joint Employment — in All Directions

When I get lost (which is often, say my kids), I turn to a map. Fortunately, I always have my iPhone on me, so the Maps app can generally get me where I am going. The Wage and Hour Division needs no map to find where it...more

U.S. Supreme Court Agrees to Review Ninth Circuit Ruling Denying FLSA Exempt Status To Service Advisors at Automobile Dealerships

Navarro v. Encino Motorcars, LLC, is a wage and hour case brought by five service advisors who worked at a California automobile dealership, seeking overtime pay under the Fair Labor Standards Act (FLSA) and state law. The...more

Employers Again Brace for Winter Storms

With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may...more

DOL Throws 3rd Fastball in Less than a Year, Seeking to Strikeout Employers by Targeting Joint Employment

Action Item: On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued guidance regarding the determination of joint employer status under both the Fair Labor Standards Act (“FLSA”) and...more

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