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 -

Trump’s DOL Issues First Opinion Letters

by Foley & Lardner LLP on

Back in January, we reported that the Department of Labor’s Wage and Hour Division (WHD) was reviving the agency’s practice of issuing opinion letters at the request of employers. The WHD stopped the practice of issuing...more

Weekly Update Newsletter - April 2018 #2

by PilieroMazza PLLC on

GOVERNMENT ACCOUNTABILITY OFFICE - CIVILIAN AND CONTRACTOR WORKFORCES: Department Of Defense's Cost Comparisons Addressed Most Report Elements but Excluded Some Costs - In response to Congressional direction, the...more

“Back of House” Tip Pooling Could Land California Employers in Hot Water

by Hirschfeld Kraemer LLP on

As mentioned in our blog post on the Department of Labor’s (“Department”) new opinion letters clarifying aspects of the Fair Labor Standards Act (“FLSA”), April has seen a lot of changes and clarifications to the FLSA. One...more

Avoid misclassification quagmires by understanding differences between contractors and employees

by DLA Piper on

When engaging a worker to perform paid work services, a first and critical step in the hiring process is the determination of the worker's status as an employee or independent contractor. Classification missteps can translate...more

DOL Issues Guidance on Compensability of Medically Necessary Non-Exempt Employee Breaks

by Faegre Baker Daniels on

On April 12, 2018, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division issued opinion letter FLSA2018-19 addressing whether a non-exempt employee’s 15-minute rest breaks taken every hour for the employee’s own...more

Employment Law - April 2018 #2

Ninth Circuit: Prior Salary Can’t Justify Wage Differential - Why it matters - Noting that “[s]alaries speak louder than words,” the en banc U.S. Court of Appeals, Ninth Circuit ruled that employers may not justify a...more

Labor Department Provides Guidance on Compensating Employee Travel Time

by Hinshaw & Culbertson LLP on

The Labor Department, Wage & Hour Division, issued an Opinion Letter earlier this week answering questions about the compensability of travel time for hourly technicians under the Fair Labor Standards Act (FLSA). The...more

US Department of Labor Issues Three New Opinion Letters After Nine-Year Hiatus

by White and Williams LLP on

On April 12, 2018, the United States Department of Labor (DOL) issued its first substantive opinion letters since the Bush Administration. Not only do opinion letters clarify the agency’s application of the law, the letters...more

Beltway Buzz - April, 2018 #3

Ring Recusal Request. On April 16, management attorney John Ring was sworn in as chair and fifth member of the National Labor Relations Board (NLRB). But before Ring even had an opportunity to learn where the coffee and...more

Putting the Compensability Brakes on Frequent Employee Breaks

by Carlton Fields on

Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act (FLSA)? Last week, the Department of Labor, Wage and Hour Department...more

DOL Issues New Information on its PAID Self-Audit and Self-Reporting Program

by Littler on

Last month, we reported on the U.S. Department of Labor, Wage and Hour Division’s (“WHD”) newly created Payroll Audit Independent Determination (“PAID”) Program, through which employers can proactively seek to resolve...more

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing

by Fox Rothschild LLP on

At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel time. The other letters address issues of...more

Update: Soup, Salvation and Overtime – Sixth Circuit Reverses $400,000 FLSA Verdict

Apparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious...more

The Consolidated Appropriations Act: Tipping in The Hospitality Industry

by Buchalter on

Despite threatening a veto, President Trump signed the 2018 Consolidated Appropriations Act (Public Law No. 115-141) on March 23, 2018. The Act is more than 2000 pages in length....more

Key California Employment Law Cases: March 2018

by Payne & Fears on

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

Rev. Ernest Angley Wins Wage-Hour Case

If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big...more

Eleventh Circuit Determines Written Consent is Sufficient for FLSA Party Status

by Faegre Baker Daniels on

On Wednesday, April 18, 2018, the Eleventh Circuit held — in a case of first impression in every circuit — that an “opt-in” plaintiff need only file a written consent to become a party-plaintiff under the Fair Labor Standards...more

Defining Who Is Part Of The FLSA Collective Action Party

by Jackson Lewis P.C. on

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...more

The State AG Report Weekly Update April 2018 #3

by Cozen O'Connor on

2018 AG Elections- Republican Gentner Drummond Announces Bid for Oklahoma Attorney General- Republican Gentner Drummond has declared his candidacy for Oklahoma AG in 2018. ...more

Court Rules That UberBLACK Drivers Are Not Entitled to FLSA Protections Because They Are Independent Contractors

As Judge Baylson of the U.S. District Court for the Eastern District of Pennsylvania noted at the beginning of his opinion, “[t]his case is the first to grant summary judgment on the question of whether drivers for UberBLACK...more

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

by Verrill Dana LLP on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

April Snow Brings Employers Flurry of FLSA Guidance

by Hirschfeld Kraemer LLP on

April is already 17 days old and Washington D.C. is still under threat of snow – but bad weather has brought with it a flurry of action surrounding the Fair Labor Standards Act (“FLSA”). In addition to the United States...more

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