News & Analysis as of

Wage and Hour Recordkeeping Requirements Fair Labor Standards Act (FLSA)

DCI Consulting

Illinois DOL Makes Equal Pay Registration Certificate Updates for 2025

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The Illinois Department of Labor (IDOL) is informing employers with Equal Pay Registration Certificates (EPRC) about changes that will impact upcoming filings....more

Goldberg Segalla

Third Circuit Affirms Home Health Care Aides Must Be Paid for Travel Between Clients

Goldberg Segalla on

Having to compensate employees for time spent not working can be counterintuitive, but under certain circumstances, it is an employer’s obligation. Recently, the Third Circuit Court of Appeals affirmed a District Court...more

Husch Blackwell LLP

Seventh Circuit Clarifies Standards for Proving Hours Worked in FLSA Overtime Claims

Husch Blackwell LLP on

The Seventh Circuit recently issued a significant decision in Osborn v. JAB Management Services, Inc., 126 F.4th 1250 (2025), affirming summary judgment in favor of the employer in an overtime compensation dispute under the...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

McAfee & Taft

Paying for workday travel for non‑exempt employees

McAfee & Taft on

Employers are not required to pay non-exempt employees for the time they spend commuting between their home and work to begin their workday or after ending their workday. However, travel time during the workday is often...more

Fisher Phillips

The Auto Dealer’s Guide to FLSA Exemptions: An Inventory of Commonly Used Categories + Your Maintenance Plan to Stay Compliant

Fisher Phillips on

Auto dealerships employ a wide range of workers and often maintain a variety of complex pay plans, which can make compliance with federal wage and overtime rules extra challenging. Since violations of the Fair Labor Standards...more

Amundsen Davis LLC

Ohio Employers: New Pay Stub Protection Act Requirements

Amundsen Davis LLC on

Ohio businesses, take note: A new state law requires employers to provide employees with detailed earnings and deductions statements. Before this, Ohio was one of few states where employees did not have the right to receive...more

Whiteford

Client Alert: Nonprofit Employers - Take Note of New FLSA Overtime Rules Effective July 1st

Whiteford on

Earlier this year, the U.S. Department of Labor (“DOL”) issued a final rule modifying the standard for determining whether employees qualify for several key exemptions to the overtime pay requirements set by the Fair Labor...more

Maynard Nexsen

Businesses Face Restrictions and Requirements When Hiring, Employing 16- and 17-Year Olds

Maynard Nexsen on

In some industries, worker shortages have caused employers to consider hiring 16- and 17-year-olds for non-hazardous occupations. The federal Fair Labor Standards Act (FLSA), in addition to establishing minimum wage and...more

Constangy, Brooks, Smith & Prophete, LLP

MLB and Players Union pursue exemptions from state wage-hour laws

The players say, “No thanks.” Florida and California are seen as polar opposites when it comes to policy and lawmaking. However, there is at least one thing they seem to agree on – minor league baseball players should be...more

Bass, Berry & Sims PLC

DOL Issues Final Rule Regarding Independent Contractor Classification

Bass, Berry & Sims PLC on

The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification. The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced...more

Benesch

DOL’s New Assessment Procedures for Calculating Civil Monetary Penalties Significantly Increases Liability for Employers.

Benesch on

The U.S. Department of Labor recently changed how it assesses civil money penalties against employers for violating federal child labor laws, which could significantly increase fines for hiring underage children to perform...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

McAfee & Taft

For the wages of sin is ... $145,000?

McAfee & Taft on

A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes, that is...more

Maynard Nexsen

Wage Payment Reminders in Wake of Uncertain Economic Conditions

Maynard Nexsen on

In light of the recent failure of Silicon Valley Bank, employers are well-advised to revisit their wage payment obligations to employees. As you may be aware, the SVB failure caused concern amongst some employers that they...more

ArentFox Schiff

Illinois Employers Must Provide 40 Hours of Paid Leave for Any Reason

ArentFox Schiff on

Yesterday, Illinois Governor Pritzker signed into law the “Paid Leave for All Workers Act,” which will allow most Illinois employees up to 40 hours of paid leave per year, for any purpose, starting on January 1, 2024. This...more

Fisher Phillips

Employing Minors in Tennessee – FAQs for Employers

Fisher Phillips on

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

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

Jackson Lewis P.C. on

Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (minimum wage)

NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...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

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

Fox Rothschild LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....more

Benesch

U.S. Department of Labor Issues Final Rule on Tipped Worker Pay

Benesch on

On October 29, 2021, the U.S. Department of Labor (“DOL”) issued its final rule outlining the circumstances under which an employer is permitted to take a “tip credit” against its wage obligation to tipped employees, paying...more

PilieroMazza PLLC

[Webinar] FLSA and Wage-and-Hour Issues for Restaurants - December 7th, 2:00 pm - 3:00 pm ET

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

Fisher Phillips

Will Tips Apps Lure Workers Back to Work? What Hospitality Employers Need to Know

Fisher Phillips on

The world is opening up again and Americans are venturing out to travel, shop, and dine out. With the sudden rise in leisure and hospitality sales, the industry is facing an increased need for skilled employees – but...more

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

Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules

Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping...more

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