Articles

Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend?

Child Labor

USDOL Changes Assessment Procedures For Civil Money Penalties: More Revenue Generation For The Government Or Punishment Of Employers? Or Both?Summer Means Child Labor Issues Abound—Employers Need To Be Smart And Proactive

Class Actions

Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?Third Circuit Clarifies The Meaning Of “Integral and Indispensable” Test In Preliminary/Postliminary Working Time Cases: Employers Beware!The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!

Commission Cases

When Are Commissions Earned-New Case Sheds Light (And A Good-By)Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)Commissions Owed To Employee Depend On The Contract, Notwithstanding That Layoff Was Due To COVID-19 Issues

Davis Bacon Act

New USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas JudgeMisclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”Materials Delivery And Davis-Bacon Act Prevailing Wage Rates: What Are The Rules?

Exemptions

Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs InSupreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!

Federal Preemption

In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!Federal Preemption Defense In FLSA Lawsuit—Good Tactic!

Federal Wage & Hour Laws and Policy

Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs InNew USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas JudgeAnother Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action

FLSA Retaliation

How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!New Emphasis by USDOL On Retaliation: This Is the Hottest Form Of Claimed Discrimination-Employers Need Be MindfulThe USDOL And The Joint Employer Doctrine: The Saga Continues

General Wage & Hour Law News & Updates

Can Employees Leave Work to Attend a Meeting at Their Child’s School? What Employers Need to KnowUnited States DOL announces that it will no longer oversee the payment of liquidated damages in FLSA administrative hearingsNJ DOL Issues Proposed Rules on ABC Test for Independent Contractor Classification

Health Care

Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class ActionThe Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

Highly Compensated Exemption

How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch OutSupreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!

Hospitality

No Steak Sauce For Steak N Shake Workers As Judge Rejects Class Action: No Common Policy Or PracticeThe U.S. Department of Labor Has A "Beef" With Arby's Calculation of Overtime PayTake Me Out to the Ballgame - Yankee Stadium Concession Workers Want A Share of Mandatory Service Charges

Independent Contractor

Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?USDOL Issues Final Independent Contractor Rule: The Box Closes In (A Little More)NJ Attorney General Reveals New Weapon In State’s Fight Against Misclassification

Joint Employer

Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor MisclassificationJoint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!

Joint Employer Doctrine

Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor MisclassificationJoint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!

Liquidated Damages/Willfulness

In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!

Motor Carrier Exemption

In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity

Overtime Issues

Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class ActionThe Fluctuating Work Week Arrangement: What Does Fluctuate Really Mean?What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In

Personal Liability

Personal Liability For Wage Hour Violations: What’s In A Word—Answer- A Lot!

Preliminary/Postliminary

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class ActionWill Employers Ever Learn?  Boot-Up Cases in Customer Service Call Centers Are A Real Problem!

Prevailing Wage

New USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas JudgeMisclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”Materials Delivery And Davis-Bacon Act Prevailing Wage Rates: What Are The Rules?

State Wage & Hour Laws

New Jersey Supreme Court to Hear Important Wage CaseWhen Are Commissions Earned-New Case Sheds Light (And A Good-By)Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?

Travel Time

Another Security Check Point Case: Compensable Or Not?Travel Time Class Action Tests “Meeting Place” Or “Staging Point” Issue In Home-to-Work Lawsuit: Compensable?

Unemployment Issues

NJ Attorney General Reveals New Weapon In State’s Fight Against MisclassificationNew Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor MisclassificationPaid Time Off For Getting The Vaccine: States Are Moving Towards That.

Working Time

Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class ActionHow Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class ActionNew USDOL Wage Guidance On Use of AI: The New World Of Wage Regulation!