News & Analysis as of

Corporate Counsel Fair Labor Standards Act

DOL Increases Civil Penalty Amounts (Again)

by Baker Donelson on

Last month, the U.S. Department of Labor announced increases in the civil penalty amounts that may be imposed on employers under several federal employment laws. On January 2, 2018, the DOL rolled out increases to the civil...more

Fourth Circuit Requires Employers to Calculate Value of In-Kind Compensation

Under the Fair Labor Standards Act, employee compensation counted for purposes of fulfilling minimum wage and overtime obligations need not be paid all in cash. According to Section 203(m) of the FLSA, wages also include...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

January 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Seyfarth’s 2018 Workplace Class Action Litigation Report Is Now Available!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. Please see full Publication below for more...more

DOL Bids Adieu to Six-Factor Internship Test

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

by Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

December 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were no notable settlements in independent contractor misclassification class action cases that came to our attention last month, but there was an array of significant IC cases in various stages of litigation. Two of...more

When Is A Seemingly Exempt Employee Not Truly Exempt?

by Foley & Lardner LLP on

Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay...more

Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!

by Fox Rothschild LLP on

There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New Jersey federal case sheds more...more

New Year, New Pay: A State-by-State Roundup of Minimum Wage Increases for 2018

In 2018, the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. The following table summarizes the statewide minimum wage increases that have been announced...more

Second Circuit Court of Appeals Rules That Hearst Interns Are Not Employees

In a decision issued earlier this month, the Second Circuit Court of Appeals ruled that participants in unpaid internship programs offered by the Hearst Corporation could not be classified as “employees” of Hearst and...more

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

by Holland & Knight LLP on

• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

Second Circuit Makes It Official (Again): FLSA Claims Are Subject To Arbitration

by Jackson Lewis P.C. on

Stating unequivocally what it previously had assumed, the Court of Appeals for the Second Circuit recently held that FLSA claims are arbitrable, notwithstanding the requirement that FLSA litigation settlements be...more

November 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

This past month’s legal developments in the area of independent contractor misclassification and compliance was notable for some non-class action cases: one where two office workers in New York, who were found by a jury to...more

Second Circuit Affirms Summary Judgment in Putative Internship Class

by BakerHostetler on

Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never...more

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Case Interpreting FLSA Highly Compensated Exemption Takes Interesting Slant

by Fox Rothschild LLP on

There has not been much litigation over the HCE, the so-called Highly Compensated Employee exemption under the FLSA. Recently, an interesting case explored the issue of whether commission payments can form the entirety of the...more

Ninth Circuit Concurs That Workweek, Not Individual Hour, Is Relevant Timeframe For Determination Of Minimum Wage Compliance

by Jackson Lewis P.C. on

In an issue of first impression, the Ninth Circuit joined the Second, Fourth, Eighth and D.C. Circuits (and the position adopted by the Department of Labor) that, in determining whether an employer has complied with the...more

Are "Draws" Against Commissions Unlawful "Kick-Backs"?

by Fisher Phillips on

Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or...more

Big Commissions & FLSA Omissions: How Employers Could Be Required to Pay Six-Figure Earners Overtime Wages

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision highlights why the FLSA is not always the remedial statute created to protect low-income workers by holding that four commission-based sales representatives, each earning six figures, were...more

October 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were newsworthy developments in a number of cases in the area of independent contractor misclassification during the month of October. Those cases were brought against companies in an array of different industries...more

California Court Denies Conditional Certification of “Regular Rate” Overtime Case

by BakerHostetler on

With waves of cases already having addressed common targets for wage and hour litigation – assistant managers, healthcare workers, loan officers, donning and doffing claims, and the like – cases alleging more arcane claimed...more

October 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

A Wage and Hour Time Bomb: Case Highlights the Scope of FLSA’s “Fluctuating Workweek” Method for Paying Overtime

There are still quite a few unsettled questions regarding the details of how overtime compensation must be calculated and paid to employees under the Fair Labor Standards Act (FLSA). Within these grey areas, collective and...more

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