News & Analysis as of

Training Fair Labor Standards Act (FLSA)

Kerr Russell

Unpaid Internships in Your Office: What You Should Know

Kerr Russell on

Question: I am considering having one or two unpaid interns in my office at different times this summer. Are there restrictions on the type of tasks that I am legally able to have them perform? Are there other legal concerns...more

Mitratech Holdings, Inc

HR Compliance Demystified: A Comprehensive Guide for Employers

For HR leaders, HR compliance can sometimes seem as complex as a Rubik’s cube. In this comprehensive guide, we will demystify HR compliance for you and provide valuable insights to help your business stay on the right side of...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #3

Wednesday, January 10, 2024: US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule - The U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) published its much anticipated...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

DirectEmployers Association

OFCCP Week In Review: June 2021 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

New Year Brings New Opinion Letters From DOL’s Wage and Hour Division

On January 7, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three opinion letters, two of which concerned the Fair Labor Standards Act (FLSA). (The other dealt with the Family and Medical Leave Act...more

Fisher Phillips

The Potential Perils Of "Managing Through The Payroll"

Fisher Phillips on

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

Carlton Fields

Unpaid Internships: Tips for Avoiding Legal Liability

Carlton Fields on

Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help...more

Maynard Nexsen

To pay or not to pay? Court holds employer is not obligated to pay for attendance at mandatory treatment program

Maynard Nexsen on

Although most employers are aware that an employee’s time spent working is generally compensable, the question of what actually constitutes compensable “working time” under the Fair Labor Standards Act (FLSA) is an area...more

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

‘Tis the (Retail) Season, Part III: Five Tips for Hiring Seasonal Workers

It’s that time of year once again! Retailers are gearing up for the holidays and hiring seasonal workers in droves. Unfortunately, the flurry of activity and the common misperception that seasonal workers have a different...more

Fisher Phillips

ASK Fisher & Phillips: Dealership Update

Fisher Phillips on

QUESTION: If we have our new hires come to the dealership to complete employment-related forms and basic job training before their first day of work, do we have to pay them for that time?...more

BakerHostetler

Eighth Circuit Affirms Summary Judgment On Overtime Claims For Class of Tax Professionals

BakerHostetler on

Relatively few FLSA cases are certified and then reach a court of appeals on the merits, but that recently happened before the Eight Circuit. In Petroski v. H&R Block Enterprises, LLC, Case No. 13-2076 (8th Cir. May 2, 2014),...more

Littler

Oregon Passes Workplace Protection Law for Unpaid Interns

Littler on

Oregon Governor John Kitzhaber on June 13, 2013 signed into law a bill extending employment discrimination protection to interns. The new law grants unpaid interns legal recourse under Oregon's employment discrimination laws...more

Sands Anderson PC

Black Swan interns are employees, not trainees

Sands Anderson PC on

Summer brings an annual invasion, in thousands of businesses and in nearly every line of work, of a horde of talented, eager new interns. They’re eager to pad resumes and make contacts. Their new bosses are glad to impart...more

Mintz - Employment, Labor & Benefits...

Unpaid Internships may be more costly than you think: follow-up to recent post

On June 11, in Glatt v. Fox Searchlight Pictures, Inc.., the US District Court for the Southern District of New York held that unpaid interns who worked for on the movie “Black Swan” had been improperly classified, and were...more

Cozen O'Connor

High Profile Decision Deals Blow to Unpaid Internship Programs

Cozen O'Connor on

Many companies with unpaid internship programs have been closely watching a case filed by unpaid interns who worked on the film Black Swan, and this week, the outlook turned grim. The U.S. District Court for the Southern...more

Burns & Levinson LLP

Using Unpaid Interns May be Illegal

Burns & Levinson LLP on

As summer approaches, many companies will face the tempting invitation from students to work “for free” as interns. While some companies may consider jumping at the chance to enhance their workforce without incurring the...more

NAVEX

Wage and Hour Training ROI: Building a Good Faith Defense and Limiting Damages

NAVEX on

In the compliance training world, hard ROI (Return on Investment) information is hard to come by. So many variables impact the analysis, and determining whether or not training has actually saved an employer money can take...more

NAVEX

The Case for Wage & Hour Training

NAVEX on

Employees today are 10 times more likely to file a wage-law class-action lawsuit than one based on discrimination or harassment. Effective wage-and hour training is an organization's best weapon in preventing and defending...more

Gray Reed

Unpaid Interns, Volunteers, And Trainees

Gray Reed on

Who, What, Why . . . Who does it apply to: Every employer who has or intends to hire unpaid interns. When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a...more

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