The issue of willfulness is very important in FLSA cases because such a finding extends the statute of limitations from two years to three. The standards utilized in making these decisions have been established but their application to particular situations often is difficult. A recent example of this tenet has just emerged in a case
It seems that with the resignation of Secretary Acosta there is going to be a decidedly more pro-business posture for the agency. This is because Patrick Pizzella, who will take over, has let it be known that he will be “hitting the gas” according to Paul DeCamp.
The business community sought (and expected) a great
I blogged last week about the back and forth on the new USDOL proposed salary threshold for exempt status, at approximately $35,000 per year. Well, the Democrats have now spoken on the issue and they propose raising the threshold to approximately $51,000 per year. Another great divide.
The proposed law is entitled the Restoring Overtime
Now that the USDOL has established $35,000 per year as the new threshold for exempt status, several groups have already taken shots at that new salary level. The deadline for comments has ended and we will see what happens. However, worker advocate groups have assailed the rule and urged the agency to revert back to
When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer, that employer is allowed to rely on that letter or administrative practice or enforcement policy. The Opinion Letter or consistent practice then acts as a
I continue to blog about working time cases because these are the kind of lawsuits that can sneak up on an employer who does not realize that a certain pre-shift activity may in fact constitute working time under the Fair Labor Standards Act. This is again illustrated by a trucking company case where the Company
What scares me the most about a USDOL audit or a FLSA lawsuit is the threat of liquidated damages. These damages, which double the wages due, are imposed almost routinely in court cases and are being imposed more and more by the administrative agency. Well, sometimes the pendulum swings the other way, as illustrated by
What do I always say? If an employer is sued in a FLSA action, collective or otherwise, and is unionized, always look for a National Labor Relations Act/Labor Management Relations Act preemption defense. Well, it has happened again! A federal judge has dismissed a collective action alleging that a rehabilitation center did not pay nurses
There has been a good deal of controversy and confusion over whether the recently enacted New Jersey Equal Pay Act was retroactive. The law became effective July 1, 2018 and has a six year statute of limitations. Could a lawsuit filed after enactment, say in August 2018, go back to August 2012? We did not
Working time claims/lawsuits take many forms and often arise out of seemingly unlikely circumstances. In a recent case, the Third Circuit ruled that temporary workers brought in to take over the jobs of locked out workers cannot receive pay under the FLSA for their time spent travelling to and crossing the picket line. The case