If an employer adopts a contract or custom of paying employees for pre- or post-shift activities that are not otherwise compensable under the Fair Labor Standards Act (FLSA), it can impose conditions on such pay, including...more
Although the plaintiff cable technicians, who were paid by the completed job and not by the hour, were covered employees under the Fair Labor Standards Act (FLSA), they nonetheless were bona fide commissioned employees and...more
Since the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, limiting the scope of a court’s jurisdiction over out-of-state claims, federal courts have grappled with...more
Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....more
6/8/2022
/ Arbitration Agreements ,
Class Action ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Interstate Commerce ,
Over-Time ,
SCOTUS ,
Southwest Airlines ,
Supervisors ,
Transportation Industry ,
Wage and Hour
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the “salary basis”...more
With specific, limited exceptions set forth in Section 207(e) of its regulations, the Fair Labor Standards Act (FLSA) requires that all compensation provided to a non-exempt employee must be included when determining the...more
The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate when a plaintiff asks the Court to authorize notice to putative class...more
The Department of Labor (DOL) has issued its Final Rule revising the regulations governing the calculation of the “regular rate” of pay, used to calculate overtime, under the Fair Labor Standards Act (FLSA). The Final Rule,...more
The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA).
The FLSA generally requires...more
The U.S. Department of Labor (DOL) has issued a new proposed rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) “white collar” overtime exemptions (executive, administrative, and...more
In furtherance of a practice reinstituted earlier this year, on August 28, 2018 the DOL’s Wage Hour Division (WHD) issued four new opinion letters covering FLSA topics. The current administration began that practice when, in...more
ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more
8/14/2018
/ ABC Test ,
ADEA ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Criminal Background Checks ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
Misclassification ,
OFCCP ,
Over-Time ,
Pay Discrimination ,
Wage and Hour
The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more
6/29/2018
/ Anti-Discrimination Policies ,
Class Action ,
Class Action Arbitration Waivers ,
CNH Industrial N.V. v Reese ,
Collective Bargaining Agreements (CBA) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Janus v AFSCME ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Murphy v National Collegiate Athletic Association ,
Navarro v Encino Motorcars ,
NLRA ,
Over-Time ,
PASPA ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sports Betting ,
Travel Ban ,
Trump v Hawaii ,
Union Dues
The Department of Labor’s May 2016 Final Rule, which would have more than doubled the minimum salary necessary to satisfy the “executive, administrative or professional” (the “EAP” or “white collar”) overtime exemptions under...more
The Fifth Circuit Court of Appeals tentatively has set oral argument for October 2nd on the Obama-era overtime pay rule that has been blocked from government enforcement by a federal district court in Texas since last...more
As a preliminary step to replacing the December 1, 2016, Fair Labor Standards Act “white collar” exemptions Final Rule, the Department of Labor has issued a Request for Information (RFI) seeking public comment on a wide...more
The government has asked the Fifth Circuit Court of Appeals to reverse a Texas District Court Judge who issued a nationwide preliminary injunction blocking the Department of Labor’s Final Rule which would have more than...more