Lower-Court FLSA Salary Litigation Will Proceed
Federal District Judge Amos L. Mazzant has denied the U.S. Department of Labor's request to halt proceedings in his court while it appeals the preliminary injunction he granted preventing...
View Article2017 State Minimum-Wage Increases
Employers should review our summary chart to be sure that they are aware of applicable state minimum-wage increases for 2017.
View ArticleFLSA Civil Penalties To Increase Again (Updated 01 18 17)
For the second time in less than a year, the U.S. Department of Labor is increasing the civil money penalties available for certain violations of the FLSA and/or related regulations.
View ArticleFluctuating-Workweek Plans: Don't Forget State Law!
Employers should keep in mind that an applicable state law might affect whether a "fluctuating workweek" arrangement is permitted for workers in that jurisdiction.
View ArticleUSDOL Should Retract Fluctuating-Workweek Commentary
The U.S. Department of Labor should disavow and withdraw statements made in 2011 that were intended to undercut the use of fluctuating-workweek pay plans under the FLSA.
View ArticleScaling The Wall Of Conflicting "Tip Credit" Provisions
Employers must take into account the wage-hour requirements and restrictions of all jurisdictions in which they employ tipped workers, as well as how these provisions interact with the FLSA's...
View ArticleAnother Nursing Mother's FLSA Claims Settled
A recent settlement emphasizes that employers must be sure they are prepared to respond appropriately to a nursing mother's request for breaks to express breastmilk.
View ArticleMore About USDOL's Liquidated-Damages Policy
After more than a year, USDOL has finally disclosed at least some information concerning its "policy" of sometimes insisting that an employer pay liquidated damages as a condition of resolving alleged...
View ArticleBe Careful About Signing USDOL Back-Wage Summaries
Management's signing a U.S. Wage and Hour Division "Summary of Unpaid Wages" on-the-spot might complicate later challenges to the factual assumptions, reasoning, and/or legal conclusions underlying the...
View ArticleNotes From Acosta Confirmation Hearing
U.S. Labor Secretary candidate Alexander Acosta's March 22 confirmation hearing might have provided insight into some potential Labor Department actions affecting the FLSA and analogous federal laws.
View ArticleIt's Time To Authorize Private FLSA Releases
Employers should be encouraged to make voluntary back-wage payments with confidence that doing so will terminate their FLSA liability.
View ArticleTemporary "Comp Time" Provision Under Consideration
The U.S. House of Representatives is considering legislation that would amend the FLSA to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation.
View ArticleHiring Under-18 Workers This Summer?
Employers who plan to hire anyone under 18 years old this summer should be thoroughly familiar with the child-labor limitations prescribed under the FLSA.
View ArticleThe "Opportunity Wage" Exception For Younger Workers
Summer's approach has sparked renewed interest in the FLSA's exception permitting employers to pay a lower wage-rate of at least $4.25 an hour to teen workers for the first 90 days of their employment.
View ArticleWhat Activities Do You "Pay For"?
The inapt use of phrases like "pay for" might create unanticipated compensation disputes.
View ArticleBills Introduced To Increase FLSA Minimum Wage
Legislation has been introduced that would ultimately more-than-double the FLSA's minimum wage from today's $7.25 an hour to $15 an hour.
View ArticleAre "Draws" Against Commissions Unlawful "Kick-Backs"?
A recent court decision reaffirms that properly-handled recoupments of minimum-wage supplements advanced against future commission earnings are lawful under the FLSA.
View ArticleSalary-Threshold Autopilot Still Possible
Indications are that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the FLSA "white collar"...
View ArticleHow Is 2017 Like 1947?
Once upon a time, a seriously-alarmed legislative body concluded that wage-hour claims and litigation had gotten out-of-hand . . .
View ArticleUSDOL Seeks To Narrow Tip-Retention Prohibition (Updated 12 13 17)
The U.S. Department of Labor has now proposed regulatory revisions that would in effect rescind the prior administration's tip-retention restrictions as to employers who do not rely upon the FLSA...
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