Federal Wage & Hour Laws and Policy

I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike.  On that

Continue Reading The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace

In exemption cases (or lawsuits), a title means nothing.  You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed

Continue Reading Exemption Determinations Rely On Actual Duties Performed—What Is The Primary Duty

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!