News & Analysis as of

Fair Labor Standards Act (FLSA) Best Management Practices

Nilan Johnson Lewis PA

Home Health Care Misclassification Lawsuits Rising

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Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage...more

Obermayer Rebmann Maxwell & Hippel LLP

Employer’s Guide to Navigating Mother Nature’s Fury – Avoiding Liability in the Wake of the Bomb Cyclone 2018

From the buried streets caused by last week’s “Bomb Cyclone,” to our lasting memories and ramifications of Hurricanes Harvey and Irma, we are reminded that mother nature’s fury packs a punch nationwide. Beyond employer...more

Fisher Phillips

The Potential Perils Of "Managing Through The Payroll"

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Management's already-daunting, time-consuming responsibilities are further complicated by the need to motivate employees to do desirable things and to deter them from doing unwanted things. It is therefore understandable that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Hurricane Ready: 5 Ways Florida Employers Can Prepare for the Next Big Storm

With the peak of hurricane season approaching, the devastating effects of Hurricane Harvey fresh in our minds, and Hurricane Irma intensifying in the Atlantic Ocean with a westward path, Florida employers may want to...more

Dentons

Don't Be Penny Wise and Pound Foolish - Advice for New Employers Regarding Employee Classifications

Dentons on

Entrepreneurs wear many hats, from providing a quality product or service to managing employees. New employers frequently expose themselves to liability when they think that ignorance is a defense that they can use if an...more

Seyfarth Shaw LLP

FLSA Compliance For Franchises…and the Joint Employer Tightrope

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In May, the long awaited Department of Labor’s revisions to the FLSA’s white collar exemption rules were published and have many employers, including franchisors, concerned with compliance. John Skelton, a partner in our...more

Bradley Arant Boult Cummings LLP

Employer Strategies for the DOL’s New Overtime Rule

In a recent post, my partner, Anne Yuengert, wrote about the DOL’s new overtime rule and the changes that go into effect December 1, 2016. Most significantly, the rule increases the minimum salary requirement for the...more

Nossaman LLP

Did You Know...The Federal Minimum Salary Threshold for Exempt Status Trumps California Law

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On December 1, 2016, the Department of Labor’s highly controversial final rule impacting the minimum salary for exempt status will go into effect. The final rule makes four key changes: 1. It raises the minimum...more

Sands Anderson PC

Employers Head Into Overtime Preparing for New Wage and Hour Rules

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The long awaited final rule updating the regulations relating to overtime exemptions for executive, administrative and professional employees was published earlier this week on May 17, 2016. Contrary to all the hoopla that...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Employers Should Begin Preparing for New Overtime Rules

On March 13, 2014, President Obama directed the Department of Labor to update its overtime regulations under the Fair Labor Standards Act (“FLSA”), and the DOL issued its draft regulations in July 2015. After considerable...more

WilmerHale

Unpaid Internships

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The idea of offering unpaid internships is attractive for startups trying to maximize their labor force while minimizing spending. However, using unpaid interns can pose significant legal risks. This post will help you...more

Stoel Rives LLP

It’s a Trap!  Students Receiving Credit Need Not Be Paid? 

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As colleges and universities begin new terms, not all students are returning to the classroom. Some students are headed into the “real world,” to work alongside corporate titans, small-business owners, or moms and pops in...more

PilieroMazza PLLC

When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA

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Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees...more

Fisher Phillips

My Labor and OSHA Recommendations for 2016 Resolutions

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I try not to rely on “the sky is falling” marketing. So please seriously consider my following “New Year’s Resolutions”. I prefer to prevent problems. With no further ado, here are my recommended 2016 Labor, OSHA,...more

Fisher Phillips

Winter Is Coming…So What Should Employers Do To Prepare?

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As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and...more

Poyner Spruill LLP

Documenting Efforts to Comply with the FLSA May Help Limit Damages Exposure

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With all of the media attention on imminent changes to the Fair Labor Standards Act (FLSA) and the incredible increase in wage and hour litigation, it is a good time to review employees’ exempt/non-exempt classification and...more

PilieroMazza PLLC

The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home

PilieroMazza PLLC on

With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that...more

Fisher Phillips

Proposed OT Regulations Will Hit Hospitality Industry Hard

Fisher Phillips on

At long last, the anxiously awaited proposed changes to the regulations defining federal wage and hour law have been published by the U.S. Department of Labor (USDOL). The changes, if adopted, would impact the determination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Williams Mullen

Department of Labor Publishes Guidance on Employee Misclassification

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In recent years, various initiatives and enforcement efforts on both the state and federal level have arisen in an attempt to combat the misclassification of employees as independent contractors. Misclassification occurs when...more

Dorsey & Whitney LLP

DOL Issues Guidance Reminding Employers That “Most Workers Are Employees”

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On July 15, 2015, the U.S. Department of Labor (“DOL”) issued an important Administrator’s Interpretation discussing the misclassification of employees as independent contractors. Many companies engage independent...more

McAfee & Taft

Courts continue to back employers with strong timekeeping policies, practices

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One of the most difficult issues facing employers is off-the-clock work. Employers may find themselves having to pay for this time even if they do not authorize it. Fair Labor Standards Act (FLSA) regulations state that the...more

Franczek P.C.

Some Additional Thoughts on "Half-Time" Overtime: The Fluctuating Workweek Method

Franczek P.C. on

Last week, we discussed the fluctuating workweek method and its possible benefits. Remember that the fluctuating workweek method is not a "save lots of overtime expenses method." Employers who use the fluctuating workweek to...more

Burr & Forman

Purple Communications Update

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By now, you have probably heard about Purple Communications, Inc., the NLRB's December 11, 2014 decision concerning company email accounts. The agency ruled that employees with access to company email systems "in the course...more

Fisher Phillips

When "Free" Is Too Good To Be True: Rethinking Interns And Volunteers Under Wage & Hour Laws

Fisher Phillips on

Educational institutions of all kinds often utilize the services of volunteers or so-called interns to assist with coaching sports or other extracurricular activities, and to participate in programs that are mutually...more

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