In a case of first impression for the Fifth Circuit Court of Appeals, a Fifth Circuit panel has ruled that it is the employee, not the employer, who has the burden to establish that bonus payments are non-discretionary and,...more
Q. A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline. Does the FLSA require my company to account for these third-party bonuses when...more
When an employer permits its employees to participate in a bonus program offered by the employer’s client, based on the work performed for that client, those bonuses do not always qualify as “remuneration for employment” that...more
In the coming weeks, there will be a potential paradigm shift in federal wage and hour law. In that regard, one of the most hotly anticipated changes under the Trump Administration is the Department of Labor's reported effort...more
This blog has previously addressed various complications in establishing the regular rate of pay on which the calculation of overtime is based. To recap, overtime pay is calculated at the rate of one and one half times an...more
The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more