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Minimum Wage › Employee Definition › Fair Labor Standards Act (FLSA)

Bricker Graydon LLP

Do I Need to Pay My Student Intern?

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With the start of this new semester, we have received several questions regarding whether student interns need to be paid. As everyone knows, state and federal law requires employers to pay employees for their work. ...more

Troutman Pepper Locke

Federal Government Study Shows Independent Contractor Working Arrangement Steadily ‎Increasing: November 2024 IC Legal News Update

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The most compelling news involving independent contractor compliance and misclassification last month was not a class action lawsuit or a government investigation but rather a government study released by the Bureau of Labor...more

Williams Mullen

Appellate Court Rules that NCAA Athletes May Qualify as Employees Under the Fair Labor Standards Act

Williams Mullen on

On July 11, the United States Court of Appeals for the Third Circuit (with appellate jurisdiction over federal courts in Delaware, New Jersey and Pennsylvania) issued a decision in Johnson v. National Collegiate Athletic...more

Troutman Pepper Locke

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Venable LLP

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

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U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

Console and Associates, P.C.

Student Athletes Sue the NCAA Under the Fair Labor Standards Act

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For many youths, playing on a college sports team is a dream come true. However, the reality of collegiate sports isn’t always as glamorous as aspiring athletes believe it to be. For example, the governing body of college...more

Rumberger | Kirk

Avoiding Costly FLSA Misclassification Errors

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FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims - The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more

Sheppard Mullin Richter & Hampton LLP

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities...

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The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more

Goodwin

DOL Proposes Rule Regarding Independent Contractor Status

Goodwin on

​​​​​​​The Wage and Hour Division of the U.S. Department of Labor (“DOL”) recently published a proposed rule (the “Proposed Rule”) that would modify DOL’s regulations for determining whether a worker is an employee or an...more

McAfee & Taft

Rewind, revise and clarify: DOL takes aim at independent contractor regs

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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

Littler

Federal Court Decision Protects Independent Contractor Status

Littler on

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Morgan Lewis

Massachusetts SJC Adopts FLSA ‘Joint Employer’ Test for Minimum Wage & Overtime Laws

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Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more

ArentFox Schiff

What Can Employers Expect From the Biden Administration?

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In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more

Jones Day

Adjusting to New Economic Realities: Department of Labor Proposes Worker Classification Test

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The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more

Ruder Ware

DOL Issues Proposed Rule on IC vs EE!

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Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many...more

Akerman LLP - HR Defense

DOL Issues Guidance on Payroll Rounding, Overtime Calculations, and Certain Paralegals

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Employers looking for guidance on payroll rounding practices, classification of certain highly compensated paralegals and calculating overtime where employees receive non-discretionary bonuses will be glad to know the...more

Seyfarth Shaw LLP

The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

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Seyfarth Synopsis:  Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.  Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more

Verrill

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

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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

Bradley Arant Boult Cummings LLP

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases

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Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the Department of Labor announced that its Wage and Hour Division will now use the...more

Jaburg Wilk

Are You Owed Overtime Wages?

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The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any...more

Rumberger | Kirk

Employee vs. Independent Contractor: How This Classification Is Bringing Legal Challenges To The Gig Economy

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The gig economy is a labor market characterized by temporary positions or freelance work with independent workers for short-term engagements as opposed to permanent jobs. Think Uber, Delivery Dudes, Taskrabbit, and Upwork. ...more

Buchalter

Restoring Common Sense To Determining Who is a Tipped Employee. Case Summary: Marsh v. J Alexander’s

Buchalter on

In Marsh v. J. Alexander’s, The Ninth Circuit issued a fundamentally important opinion supporting the hospitality industry nationwide. Specifically, the Ninth Circuit rejected the U.S. Department of Labor’s (“DOL”) disastrous...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

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Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Orrick - Employment Law and Litigation

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

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On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

Holland & Knight LLP

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

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A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

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