News & Analysis as of

Fair Labor Standards Act

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -

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

Legal Ramifications of Paying Employees with Cryptocurrency

As cryptocurrencies surge in value and enter mainstream consciousness, an increasing number of employers may consider compensating their employees with bitcoin, ether, or other cryptocurrencies. While a cryptocurrency...more

Are Construction Project Supervisors Exempt from the FLSA’s Overtime Requirements?

The Answer: It depends on the facts and circumstances of each case. However, two recent reissued opinion letters from the United States Department of Labor’s Wage and Hour Division (WHD) provide construction companies...more

“I Need to Work from Home” — Telecommuting May Be Your ADA Reasonable Accommodation Alternative

Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more

Wage and Hour Law

A. Federal Court Decisions - 1.No Administrative Exemption for Mortgage Underwriters - In McKeen-Chaplin v. Provident Sav. Bank, 862 F.3d 847 (9th Cir. 2017), the Ninth Circuit reversed the district court’s holding that...more

Beltway Buzz - February, 2018 #2

Déjà Vu All Over Again? It is perhaps fitting that last Friday was Groundhog Day, as this week we relived the same government funding battle that we went through just a few weeks ago. Thankfully, because the shutdown card has...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

A Primer On Telemedicine And The Workplace

by Fisher Phillips on

Most people probably do not enjoy sitting in a doctor’s reception area with other coughing and sneezing people while waiting for an appointment, or devoting hours to getting a prescription refilled. The concept of...more

Failure to Follow Franchising Disclosure Laws Isn't Necessarily Unfair Trade Practice

by Baker Donelson on

The recent Cooper v. Primary Care Solutions considered, among other things, franchising law in the context of the Louisiana Unfair Trade Practice Act (LUTPA), which punishes unfair and deceitful conduct in the conduct of...more

HRMA Perspectives publishes "Non-Compete Reform in Massachusetts: 2018 Could be the Year"

by Bowditch & Dewey on

On October 31, 2017, the Joint Committee on Labor and Workforce Development held a hearing on six separate bills to regulate non-competition agreements within the Commonwealth. While the bills differ somewhat in substance,...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

The Road To FLSA Litigation Is Often Paved With Good Intentions

by Seyfarth Shaw LLP on

Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more

The State AG Weekly Update

by Cozen O'Connor on

2018 AG Elections- North Dakota Attorney General Wayne Stenehjem Announces Bid for Reelection- North Dakota AG Wayne Stenehjem declared his intention to run for reelection to a sixth term in 2018. ...more

Unpaid Internships: Federal Law Evolving, Garden State Unchanged

by Clark Hill PLC on

In January, the Department of Labor announced that it would use a new method to determine whether interns or students working for non-profit organizations should be paid under the Fair Labor Standards Act. The DOL’s new...more

Minnesota Court Cuts Proposed Attorney Fee Award From $3.2 Million to $600,000 in Off-the-Clock Case

by BakerHostetler on

In 2014, five law firms brought a claim for alleged off-the-clock work. As discovery revealed, the claims all arose out of conduct involving a single shift supervisor at a single restaurant, and the conduct was disputed at...more

New Proposed Rule Allowing Tip Pooling Between Servers and Back of the House

On December 5, 2017, the US Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking and requested comments by Monday February 5, 2018, regarding its proposal to rescind portions of its tip pooling regulations that...more

Federal Employment Law Updates

by White & Case LLP on

New Tax Law Limits Deductibility of Confidential Sexual Harassment and Abuse Settlements - Effective December 22, 2017, new Section 162(q) of the Internal Revenue Code of 1986, as amended (the "Code"), denies businesses...more

Tip Regulations: The Fundamental Legal Issue

by Fisher Phillips on

This week marked the close of the period for public comment on the U.S. Department of Labor's (USDOL) proposed rescission of the hotly-debated regulatory text that, essentially, extended certain tip credit restrictions to...more

Cash Payments Made To Employees In Lieu Of Health Benefits Must Be Factored Into Overtime Pay Under The FLSA

by LeClairRyan on

In Flores v. City of San Gabriel, the Ninth Circuit held that cash payments made by the City to its employees in lieu of healthcare benefits must be factored into the base pay that is used to calculate overtime pay (1.5 times...more

What Can We Expect From The Department Of Labor In 2018?

by Shipman & Goodwin LLP on

2018 is likely to see activity from the Department of Labor to increase the minimum salary amounts for overtime exempt employees. As you may recall, one of the most significant developments out of the Department of Labor in...more

The Impact Of Local Minimum Wage And Paid Sick Leave Ordinances On The Transportation Industry

by SmithAmundsen LLC on

Over the past few years, cities, counties and local municipalities have been enacting laws and ordinances, increasing the minimum wage, and requiring paid sick leave for employees. While there have been growing pains with how...more

InterConnect FLASH! No. 65 - Shipper’s Control Over Courier’s IC Drivers Results in Adverse Joint Employer Ruling

by Benesch on

Recently the U.S. District Court for the Southern District of West Virginia determined that Co-Defendants, Omnicare, Inc. (“Omnicare”) and Act Fast Delivery of West Virginia, Inc. (“Act Fast”) were acting as joint employers...more

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

by Holland & Knight LLP on

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

Potential Changes On The Horizon For Pennsylvania Wage And Hour Law

by Pepper Hamilton LLP on

Q. Have there been any recent changes to the overtime pay rules that we have to be concerned about? A. Currently, under both federal and Pennsylvania law, to be exempt from overtime under the “white collar exemptions,”...more

Pennsylvania Supreme Court Is Asked to Hear Employer Appeal in State Minimum Wage Act Case

On December 22, 2017, a three-judge panel of the Superior Court of Pennsylvania ruled two to one that the Pennsylvania Minimum Wage Act (PMWA), 43 P.S. Secs. 333.101-333.115, requires payment of a higher rate for each...more

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