November Target For Proposed Exemption Changes
As we reported previously, in March President Obama directed the U.S. Labor Department to "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1)...
View ArticleProposed Federal-Contractor "Minimum Wage" Regulations Released (Updated 06...
The U.S. Labor Department has released its proposed regulations implementing Executive Order 13658, President Obama's directive to raise the minimum-wage rate for workers on federal contracts from...
View ArticleCourt Awards Fees And Costs Against USDOL
A Texas federal court has ordered the U.S. Labor Department to pay more than $560,000 in attorney's fees, paralegal fees, and travel expenses growing out of litigation under the federal Fair Labor...
View ArticleQuick Quiz: FLSA Child-Labor Restrictions (Driving)
Under the federal Fair Labor Standards Act, may 17-year-old employees drive vehicles on public roads in performing work for their employers, provided that they do not drive:♦ For more than one-third...
View ArticleQuick Quiz Answer: FLSA Child-Labor Restrictions (Driving)
The best answer to our July 3, 2014 Quick Quiz is, "This is true under some circumstances." In declining percentage order, the responses were:"This is never true.": (60.7%)"This is true under some...
View ArticleFLSA "Per Diem" Claims On The Rise
A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees.USDOL recently...
View ArticleUSDOL Brief Elaborates Upon "Intern" Views
We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act...
View ArticleLate Payment Resulted In An FLSA Violation
A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that:♦ Failing to pay non-exempt employees the FLSA-required...
View ArticleCourt "Certifies" Gawker Media Interns' Collective Action
After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns...
View ArticleFLSA Exemptions And "Overtime Rights"
We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's...
View ArticleTouted Developments Contradict Rationales For Minimum-Wage Increase
A White House report has extoled wage-rate increases by "state legislatures and governors; mayors, county executives and city councils; and business leaders" as supposedly being compelling reasons to...
View ArticleQuick Quiz: Pay For Being In On-Call Status
Chris is a non-exempt computer Help Desk employee. During one workweek of each calendar quarter, after his normal shift ends he leaves his workplace but is on-call for eight hours a day for each of...
View ArticleQuick Quiz Answer: Pay For Being In On-Call Status
The answer to our September 22, 2014 Quick Quiz is, "Yes, even though the payments are not tied to the on-call hours he works." In declining percentage order, the responses were:"Yes, even though the...
View ArticleUSDOL Defers Enforcement Action On "Companionship" Changes
For some time now, we have followed the U.S. Labor Department's efforts to curtail the federal Fair Labor Standards Act's Section 13(a)(15) "companionship" exemption. Those efforts culminated in a...
View ArticleSegregating Worktime For Purposes Of The "Contractor Minimum Wage"
The U.S. Labor Department's voluminous final regulations "Establishing a Minimum Wage for Contractors" under Executive Order 13658 (about which we have written previously) have now been published....
View ArticleHigher Minimum Wage Coming For Government Contractors
Our partner Tom Rebel has prepared an overview of the U.S. Labor Department's final regulations "Establishing a Minimum Wage for Contractors" under Executive Order 13658.The initial minimum wage will...
View ArticleSupposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?
"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time...
View ArticleMinimum-Wage Initiatives Further Disfavor Nationwide Action
Earlier this week, several states and localities voted in favor of increasing their minimum-wage rates. Right on cue, many (including U.S. Labor Secretary Perez) seized upon these results as...
View ArticleNo FLSA Overtime Recovery For What Employer "Should Have" Paid
Overtime compensation under the federal Fair Labor Standards Act must be based upon an employee's "regular rate" of pay. More and more frequently nowadays, claimants allege that their FLSA overtime...
View ArticleFLSA Exemptions And "Fighting Poverty"
We have written previously about President Obama's directive to change the requirements for who falls within the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions for...
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