The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and
Continue Reading Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In
I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in
Continue Reading Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!
In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary
Continue Reading In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!
My partner Glenn Grindlinger has written a thoughtful piece on the establishment of the new salary levels for the Part 541 white collar exemptions under the Fair Labor Standards Act.
Continue Reading USDOL Exemption Salary Level Becomes Final Shortly–We’ll See?
I am a big student of the FLSA motor carrier exemption and have handled many such cases. I often find that a big obstacle for the employer claiming the exemption
Continue Reading Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity
There are many exemptions under the Fair Labor Standards Act and an interesting one, one that does not get a lot of attention or “play” is the domestic worker exemption.
Continue Reading What Is A ‘Live-In’ Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The House
The new salary threshold for exempt employees is coming soon. The current minimum level is $35,568 per year ($684 per week) and the proposal is to increase it to $55,068
Continue Reading How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!
I read an interesting post by Sara Zorich of Amundsen Davis concerning the year-end wage hour issues that employers must deal with, and I agree with the concepts set forth
Continue Reading Employers Must Beware Of Year-End Wage Hour Issues/Landmines!
The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was
Continue Reading A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?