Federal Wage & Hour Laws and Policy

The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption.  The agency was

Continue Reading The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch Out

The issue of working time, especially the issue of preliminary and postliminary activities and what activities are compensable, haunts me as a practitioner and is confusing for employers.  Many of

Continue Reading Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?

My colleague, Colin Dougherty, recently wrote about the U.S. Department of Labor’s proposed rule that would change whether a worker is determined to be an employee or an independent contractor

Continue Reading USDOL Set To Realign Independent Contractor Test: Old Wine In A New Bottle

Naturally, an employee who is to testify in a FLSA action cannot be retaliated against.  Does that protection extend to someone who makes it known that they want to join

Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval.  There have been some courts that have ruled that parties

Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention

Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of

Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!

As I have written numerous times, the administrative exemption is the grayest and most difficult for an employer to prove  The tension between whether duties involve skill and experience or

Continue Reading Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray Exemptions

I am very interested in travel time cases.  There are some nuanced concepts hovering around travel time, especially the concept of what constitutes non-compensable home-to-work travel.  In an interesting case

Continue Reading Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?