This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more
Those familiar with the oil and gas industry know that workers are often paid a day rate. For some workers, those day rates can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group....more
Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more
2/19/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exceptions ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Insubordination Policy ,
Over-Time ,
Retaliation ,
Reversal ,
Summary Judgment ,
Timekeeping ,
Unpaid Overtime
Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more
11/22/2019
/ Appeals ,
Controlled Substances Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Marijuana ,
Marijuana Related Businesses ,
Misclassification ,
Over-Time ,
Salaried Employees ,
Unpaid Wages ,
Wage and Hour
A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more
10/31/2018
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchise Agreements ,
Independent Contractors ,
Janitorial Services ,
Misclassification ,
Obama Administration ,
Reversal ,
Right to Control ,
State Labor Laws ,
Trump Administration
A new pilot program announced by the U.S. Department of Labor just last week provides employers with renewed hope that the agency is changing its approach from one of strict regulatory enforcement to one that seeks to...more
Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more
7/21/2017
/ Administrative Authority ,
Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Some companies ask their employees to sign arbitration agreements requiring them to arbitrate any disputes about their employment, rather than filing a lawsuit against the employer in a state or federal court. A few years...more
Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more
3/25/2016
/ Back Pay ,
Class Action ,
Collective Actions ,
Corporate Counsel ,
Damages ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Liquidated Damages ,
State Law Claims ,
Unpaid Overtime ,
Wage and Hour