I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance
Continue Reading The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!General Wage & Hour Law News & Updates
Will These Working Time Call Center Cases Ever Stop? I Bet Not!
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that…
Continue Reading Will These Working Time Call Center Cases Ever Stop? I Bet Not!In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!
Plaintiff lawyers are always asserting that every single alleged wage hour violation is “willful” so when they start negotiating a settlement (or trying to) they always start from that position…
Continue Reading In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!Federal Preemption Defense In FLSA Lawsuit—Good Tactic!
In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it…
Continue Reading Federal Preemption Defense In FLSA Lawsuit—Good Tactic!Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!
Another working time case where the allegation is workers being compelled to work through lunch. Seems that the health care industry is prone to this as I have blogged about…
Continue Reading Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!
Naturally, lawyers give employer clients advice about the legality of their compensation practices, including who and who is not an independent contractor. Sometimes, an employer defendant will want to use…
Continue Reading FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!New USDOL Guidance On Nursing Mothers: The Compensability Issues
The US Department of Labor (DOL) has issued a Field Assistance Bulletin (“FAB”) concerning the proper implementation of the new Providing Urgent Maternal Protections for Nursing Mothers Act, the so-called…
Continue Reading New USDOL Guidance On Nursing Mothers: The Compensability IssuesUSDOL Proposed New Independent Contractor Doctrine Focuses On Control: An Interesting Take?
Several months ago, the US Department of Labor (DOL) proposed a rule in a Notice of Proposed Rulemaking (“Notice”) to define when someone is/is not an independent contractor. The focus…
Continue Reading USDOL Proposed New Independent Contractor Doctrine Focuses On Control: An Interesting Take?Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme
I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will…
Continue Reading Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The ThemeThe Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!
I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor…
Continue Reading The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!