“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, whereContinue 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
It is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime…Continue Reading Not Including Promised Bonuses In Regular Rate A Big No-No!
I do a lot of wage hour defense and one of the threats I constantly come up against is a Department of Labor telling me that the owner of the…Continue Reading Personal Liability For Wage Hour Violations: What’s In A Word—Answer- A Lot!
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!
Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware…Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer Says
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
The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in…Continue Reading Liquidated Damages And The CEO: When Does Personal Liability Attach?
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?