I have handled numerous prevailing wage cases, including dozens under the federal Davis-Bacon Act (DBA) and read with great interest the proposed changes to the decades-old law.  The proposed rule

Continue Reading USDOL Changing Manner In Which Davis Bacon Act/Prevailing Wages Are Determined—Tilted Towards The Workers For Sure!

As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions

Continue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!

It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. 

Continue Reading What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In

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!

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!

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!