FLSA

“The dog ate my homework” is a common refrain of school children throughout the ages.  Well, there is an adult version of that scenario, such as in this case, where

Continue Reading Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs

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

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

As I have written numerous times, the administrative exemption is the grayest and most difficult for an employer to prove  The tension between whether duties involve skill and experience or

Continue Reading Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray Exemptions

I am very interested in travel time cases.  There are some nuanced concepts hovering around travel time, especially the concept of what constitutes non-compensable home-to-work travel.  In an interesting case

Continue Reading Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?