This is a day I have been waiting for. The Supreme Court has decided to take on a case in which it will decide whether someone earning more than $200,000
Continue Reading Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!
Day Rate
Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands
The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an…
Continue Reading Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands
Another Construction Industry Wage-Hour Lawsuit: The Trend Continues
The construction industry has had a long history of wage violations, whether of prevailing wage laws or just “ordinary” wage hour laws. Another example of this trend has emerged in…
Continue Reading Another Construction Industry Wage-Hour Lawsuit: The Trend Continues
Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy
Regretfully, to my lights, conditional certification seems all too easy for plaintiffs in a FLSA collective action to secure. Are things changing? A federal judge has refused to certify a…
Continue Reading Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy
Paying Day Rates Does Not Alter FLSA Overtime Obligations
I am often asked by clients if paying non-exempt employees on a day rate or via some other form of compensation, rather than an hourly rate, somehow “frees” an employer…
Continue Reading Paying Day Rates Does Not Alter FLSA Overtime Obligations