The Fair Labor Standards Act (FLSA) provides a number of exemptions from its overtime and minimum wage requirements for employees paid on a salaried basis. FLSA rules also allow certain highly compensated employees (currently...more
One of the hottest areas of controversy in recent years in wage and hour law has involved employees’ right to tips, and employer’s ability to use such tips to count toward minimum wage and overtime payments. As a result of...more
Late in the Trump administration, the Department of Labor issued final rules intended to distinguish between employees and independent contractors for purposes of qualification for overtime and minimum wage obligations under...more
On November 22, the federal Department of Labor issued final regulations implementing the provisions of an executive order to raise the minimum wage for employees working on federal contracts and subcontracts to $15.00 per...more
Last week, the U.S. Department of Labor’s Wage and Hour Division issued final regulations implementing 2018 amendments to provisions of the Fair Labor Standards Act that deal with compensation of tipped employees. For certain...more
Employers facing worker shortages are having to use creative means to get their necessary work done. These shortages are especially apparent in the hospitality industry, where restaurants and other employers are scrambling to...more
In April, President Joe Biden issued an executive order calling for an increase in the minimum wage for employees of federal contractors from $10.95 to $15 per hour. Last week, the Department of Labor issued proposed rules...more
On July 8, North Carolina Governor Roy Cooper signed into law a number of changes to the way employers in that state establish pay at the beginning of the employment relationship, make changes in pay during employment, and...more
The seemingly never-ending battle over interpretation of the Fair Labor Standards Act’s tip credit provision took another turn Monday. The U.S. Department of Labor’s Wage and Hour Division issued proposed rules that would set...more
6/25/2021
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On Wednesday, the federal Department of Labor announced its decision to withdraw regulations issued during the final weeks of the Trump administration that defined the difference between employees and independent contractors...more
Under the Fair Labor Standards Act, employers found liable for failure to pay overtime or minimum wages can be assessed liquidated damages in an amount equal to the unpaid wages. Prior to the Trump administration, the U.S....more
Last week, a federal grand jury returned an indictment against a Nevada temporary staffing agency and manager who allegedly conspired with a competitor to fix wages for temporary nurses assigned to a public school district....more
We have had a number of recent questions from clients regarding when employees must be paid if they are on standby or on-call duty. Typically, this means that the employee must leave a number where they can be reached and, if...more
Employers concerned about losing valuable employees may take the initiative to provide salary increases intended to deter them from seeking alternative employment. A new decision from the Ninth Circuit Court of Appeals...more
The Lilly Ledbetter Fair Pay Act allows plaintiffs to pursue equal pay claims based on prior actions that continue to have a negative effect on their salaries. Last month, the Seventh Circuit Court of Appeals reversed a grant...more
2/8/2021
/ Appeals ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Employment Litigation ,
Gender-Based Pay Discrimination ,
Lilly Ledbetter ,
Pay Equity Laws ,
Reversal ,
Summary Judgment ,
Wage and Hour
According to U.S. Department of Labor regulations issued under the Fair Labor Standards Act, if a non-exempt employee reports to work in the morning and then travels during the working day to another worksite, that travel...more
On December 22, the U.S. Department of Labor’s Wage and Hour Division issued final regulations effective February 21, 2021, implementing changes to its policies regarding tipped employees. The rules expand circumstances under...more
Hospitality industry employers continue to battle with employees over the proper calculation and distribution of tips under the Fair Labor Standards Act. Last month, the Fourth Circuit Court of Appeals (which includes North...more
On Tuesday, the federal Department of Labor issued proposed regulations defining the difference between employees and independent contractors under the Fair Labor Standards Act. If finalized and deferred to by courts, these...more
After decades of controversy, the U.S. Department of Labor issued final rules earlier this year explaining when two companies are joint employers for purposes of federal labor laws, such as wage and hour and unionization...more
One of the most frequently violated provisions of the Fair Labor Standards Act involves the effect of bonuses or other incentive compensation on the rate used to calculate overtime. For non-exempt employees, the employer must...more
The fluctuating workweek (FWW) pay plan remains a popular way for employers to manage overtime costs. Under the FWW, non-exempt employees are paid a guaranteed salary for all hours worked in a given week....more
As many employees continue to work from home during the COVID-19 pandemic, on Monday the Department of Labor issued a field assistance bulletin reminding employers of their legal obligation to keep accurate records of all...more
If an employer fails to comply with federal overtime or minimum wage requirements imposed under the Fair Labor Standards Act, it can be held liable not only for unpaid wages, but also for liquidated damages equal to that...more
Employers faced with escalating employee overtime costs may consider implementing an alternative pay plan called the fluctuating workweek (FWW). In short, in return for paying a guaranteed salary to non-exempt employees, FWW...more