Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act. Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more
10/5/2017
/ Collective Bargaining Agreements (CBA) ,
Criminal Penalties ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Employment Records ,
Fair Labor Standards Act (FLSA) ,
Final Payments ,
Labor Standards Enforcement ,
Liquidated Damages ,
Minimum Wage ,
Pending Legislation ,
Recordkeeping Requirements ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour ,
Wage Theft
How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more
8/16/2017
/ Back Wages ,
Calculation of Damages ,
Department of Labor (DOL) ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
We recently wrote about two federal appellate decisions holding that tipped employees for whom no federal Fair Labor Standards Act Section 3(m) "tip credit" has been taken, and to whom all FLSA minimum wages and overtime...more
The federal Fair Labor Standards Act has long authorized the U.S. Department of Labor to sue to recover unpaid minimum-wage and overtime compensation due to current and former employees plus "an equal amount as liquidated...more
Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate whether employees they treat...more
One approach to the coming changes in the federal Fair Labor Standards Act's Section 13(a)(1) exemptions would be to abandon exempt status for at least some employees. Of course, this will mean (among other things) that...more
Reports are that U.S. Solicitor of Labor M. Patricia Smith said again today that the U.S. Labor Department's revised regulatory definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions will be...more
Some members of the U.S. House of Representatives have written to Labor Secretary Labor Tom Perez to express concerns about the U.S. Labor Department's proposed revisions in its regulatory definitions of the federal Fair...more
Overtime wages for employees subject to the federal Fair Labor Standards Act's overtime requirement must be based upon the "regular rate" of pay. This is an hourly rate that is normally determined by dividing the total wages...more
The U.S. Labor Department's most-recent semi-annual regulatory agenda shows a July 2016 "Final Rule" timeframe for the revised regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions....more
The answer to our November 6, 2015 Quick Quiz is, "No". Under the new arrangement, Bigtown Computer Corporation could not continue to treat Tom as being exempt from the federal Fair Labor Standards Act's minimum-wage and...more
Tom is the Department Manager for Bigtown Computer Corporation's ten-employee Research and Development department. Bigtown treats him as being exempt from the federal Fair Labor Standards Act's minimum-wage and overtime...more
One of the most-pressing questions for employers at the moment is when the U.S. Labor Department will finalize changes in its definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Some have...more
Last Thursday, Fisher & Phillips filed its own extensive comments on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. The firm's presentation...more
Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary...more
Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about...more
Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September 4, 2015. USDOL is...more
The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or a derivative exemption...more
Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more
Section 111 of the recently-enacted "Department of Labor Appropriations Act, 2015" directs that the federal Fair Labor Standards Act "shall be applied as if" there is an overtime exclusion for certain workers who are employed...more
We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive,...more
A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that:
- Failing to pay non-exempt employees the FLSA-required minimum-wage or...more
President Obama has instructed the U.S. Labor Department to revise the federal Fair Labor Standards Act's so-called "white collar" exemptions in a "Presidential Memorandum" released on March 13. This effort is intended (as...more
A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has...more