News & Analysis as of

Rest and Meal Break Fair Labor Standards Act (FLSA) Employer Liability Issues

Fisher Phillips

Nursing Facilities Ordered to Pay $36M in Overtime Suit: 9 Wage and Hour Tips for Healthcare Employers

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A group of nursing facilities in Pennsylvania was recently ordered to pay a whopping $36 million in overtime pay and damages to workers who claimed their employers deliberately paid them less than they actually earned. After...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

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Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

Sherman & Howard L.L.C.

Split Appellate Decision on State Wage Statute of Limitations Extends Confusion on Scope of Liability

Sherman & Howard L.L.C. on

Colorado employers may, once again, have to look waaaayyy back in time when facing claims for minimum wage violations after a recent Court of Appeals decision blessed a six-year statute of limitations for these claims....more

Goldberg Segalla

New Federal Laws Now In Effect: Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers...

Goldberg Segalla on

Key Takeaways - The PWFA creates a new avenue for pregnant employees to request reasonable accommodations not previously provided under the ADA, PDA or FMLA....more

Bradley Arant Boult Cummings LLP

Poster Rollercoaster: DOL Changes FLSA Notice Required at Workplaces

All employers subject to the Fair Labor Standards Act (FLSA) must post an updated version of the FLSA “Employee Rights” poster to remain compliant with the law....more

Hinshaw & Culbertson - Employment Law...

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections...more

Bradley Arant Boult Cummings LLP

DOL Guidance Provides “FAB”ulous Insight as to How the Agency Will Apply the Protections under the FLSA and FMLA to Remote Workers

The United States Department of Labor recently issued Field Assistance Bulletin No. 2023-1 (FAB), which provides guidance to agency officials on a number of telework issues. The FAB addresses (1) paying workers who telework...more

Spilman Thomas & Battle, PLLC

Breast Milk Pumping Rights – DOL Alert on Teachers and Other Newly Protected Workers

The Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), enacted by Congress in late December 2022, provides more nursing mothers with reasonable break time to express breast milk after childbirth and...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

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Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Littler

DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks

Littler on

On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats...more

Miller Nash LLP

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 2

Miller Nash LLP on

In Part 2 of our blog series highlighting some of the risks for employers when pay and time practices don’t comport with wage and hour laws, the case details and key takeaways below should provide West Coast employers...more

Fox Rothschild LLP

Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!

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Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not connected to the main job as...more

FordHarrison

Congress Delivers New Protections for Pregnant and Nursing Mothers

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As 2022 came to a close, President Biden signed the 2023 omnibus government funding bill. Included in the bill—with bipartisan support—are two provisions that expand protections for pregnant and nursing employees. Both of the...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Fisher Phillips

Employing Minors in Tennessee – FAQs for Employers

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With the labor shortage, you may have started considering expanding your applicant pool to groups of potential employees you had not previously considered, like minors. Even if you have not yet considered hiring minors, you...more

McDermott Will & Emery

[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

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For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Issues on the Horizon at the US Supreme Court: 2022 and Beyond

Takeaways - Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies. The preemption of state employment laws by...more

PilieroMazza PLLC

FLSA and Wage and Hour Issues for Restaurants

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Compensating Domestic Workers in New York

Many New York families employ domestic workers –individuals who care for a child, serve as a companion for a sick, convalescing or elderly person, or provide housekeeping or any other domestic service. They may be unaware of...more

Morgan Lewis

California Supreme Court: Meal, Rest, and Recovery Period Premiums Must Be Calculated Based on Hourly and Nondiscretionary Wages

Morgan Lewis on

The California Supreme Court ruled on July 15 that California employers must calculate nonexempt employees’ meal, rest, and recovery period premium payments based on both hourly wages and any other nondiscretionary wage...more

Littler

Dear Littler: What employment issues should we keep in mind when hiring seasonal minor employees?

Littler on

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season. ...more

Littler

Dear Littler: What are the Wage and Hour Issues with our Wandering Workers?

Littler on

Dear Littler:  We’re a small company based in Austin, Texas – but we’re growing.  We made it through the pandemic, and we’re all looking forward to getting back to work.  We recently announced that employees can return to the...more

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