News & Analysis as of

Public Employees Fair Labor Standards Act (FLSA)

Steptoe & Johnson PLLC

Three New DOL Opinion Letters Address Wage and Hour Issues and FMLA Eligibility

Steptoe & Johnson PLLC on

On January 7, 2020, the U.S. Department of Labor published three new opinion letters – two that address compliance under the Fair Labor Standards Act (“FLSA”) and one that addresses compliance under the Family Medical Leave...more

Snell & Wilmer

The DOL Starts 2020 With a Bevy of Opinion Letters

Snell & Wilmer on

Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year. Two deal with issues under the FLSA and a third addresses issues under the FMLA....more

Steptoe & Johnson PLLC

Recent Supreme Court Decision Interprets ADEA to Cover State and Local Governments of Any Size

Steptoe & Johnson PLLC on

On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in...more

Obermayer Rebmann Maxwell & Hippel LLP

The Supreme Court Rules that the Age Discrimination in Employment Act Applies to Small Government Employers

The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more

Winstead PC

Post-Flores v. City of San Gabriel: What Other Benefits Should Employers Be Wary Of

Winstead PC on

Flores v. City of San Gabriel altered the way employers consider opt-out payments to employees for not taking health insurance.1 The U.S. Court of Appeals for the Ninth Circuit determined that opt-out payments were required...more

Littler

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

Littler on

On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

Obermayer Rebmann Maxwell & Hippel LLP

Wage and Hour Update: Third Circuit Clarifies Standard for Showing Willful Violations in FLSA Overtime Claims

The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Indicates Mandatory Pre-Shift Briefings Are Compensable Time Under the FLSA

On September 14, 2017, the Tenth Circuit Court of Appeals provided employers with further guidance regarding the compensability of pre-shift tasks under the Fair Labor Standards Act (“FLSA”). Specifically, in Jimenez,...more

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

Public Employers Beware: SCOTUS Refuses to Review City Employee Overtime Appeal

On May 15, 2017, the Supreme Court of the United States rejected the City of San Gabriel, California’s attempt to overturn the Ninth Circuit Court of Appeal’s expansive interpretation of what employers must include as “wages”...more

Franczek P.C.

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

Franczek P.C. on

Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that...more

NAVEX

Wage and Hour Compliance: 80% of Employers Likely Out of Compliance

NAVEX on

The U.S. Department of Labor recently settled a lawsuit filed by the American Federation of Government Employees Local 12 for $7 million. The lawsuit, filed a decade ago, claimed that Labor Department employees had not been...more

Nossaman LLP

Did You Know...The Qyburnian Resurrection of the Jiffy June Standard: The New Battle of Cash-in-Lieu and the Reasonable Rate of...

Nossaman LLP on

In a case of first impression, the Ninth Circuit held in Flores v. City of San Gabriel that an employer was liable to a class of employees for failing to include cash-in-lieu of benefits payments in its calculation of the...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - January / February 2016

NEWS & ANALYSIS - Death of Justice Antonin Scalia may create 4-4 split in case involving public employee union agency fees - In January, the U.S. Supreme Court heard oral argument in Friedrichs v. California, a case in...more

Franczek P.C.

New Exception to the Illinois Minimum Wage Law

Franczek P.C. on

The Illinois Minimum Wage Law (IMWL) generally provides that non-exempt employees must be paid one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. However, on July 10, 2015, Governor...more

McNees Wallace & Nurick LLC

The FLSA Applies To Public Sector Employers, Too

Most HR professionals in the private sector are aware of the risks presented by non-compliance with the overtime and minimum wage requirements of the federal Fair Labor Standards Act ("FLSA") and its state law companion, the...more

Franczek P.C.

Will Comp Time Become A Reality For The Private Sector?

Franczek P.C. on

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

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