Will The President's Immigration Initiative Spur FLSA Claims?
Lurking among the numerous considerations raised by President Obama's "immigration accountability" initiative are the prospects that this action will result in more allegations by or on behalf of the...
View ArticlePre-Departure Security Screening Not FLSA Worktime
The U.S. Supreme Court ruled today that the time non-exempt employees spent in connection with an end-of-workday security screening before leaving the premises did not count as worktime under the...
View ArticleInterim "Contractor Minimum Wage" Acquisition Rules To Be Released (Updated...
The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration have announced that they will soon publish interim Federal Acquisition Regulation...
View ArticleFLSA Insurance-Adjuster Overtime Exception Buried In Appropriations Bill
Section 111 of the recently-enacted "Department of Labor Appropriations Act, 2015" directs that the federal Fair Labor Standards Act "shall be applied as if" there is an overtime exclusion (link to...
View ArticleCourt Vacates Imminent Bar To Third-Party Employer's Claiming...
We have reported that the U.S. Labor Department's changes in its regulatory provisions affecting the federal Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's...
View ArticleInteresting Comments From U.S. Labor Solicitor Smith
Solicitor of Labor M. Patricia Smith spoke at a December continuing-legal-education conference in Atlanta. Her remarks in a couple of areas were especially interesting.Coming "White Collar" Exemption...
View ArticleJudge Vacates Parts of USDOL Home-Care Regulation
A federal judge has scuttled key aspects of the U.S. Department of Labor's rule that would have extended the federal Fair Labor Standards Act's minimum-wage and overtime requirements to many home care...
View Article"Predictable Scheduling": An Undiscovered FLSA "Right"?
U.S. Wage and Hour Division Administrator David Weil reportedly has said that the Division is "looking very actively at" the question of whether workers should be legally entitled to "predictable...
View ArticleA Substantial Salary-Test Jump Is Likely
On January 28, the Economic Policy Instituteannounced that "noted economists and a former Secretary of Labor" had written to U.S. Secretary of Labor Thomas Perez to propose an increased salary...
View Article"Tipped Minimum Wage" Nonsense Continues
A recent post appearing on U.S. Labor Department's blog begins, "The federal tipped minimum wage has been $2.13/hour since 1991. That's right - it's been the same for nearly a quarter...
View ArticleFLSA Exemption Changes: A Possible "Plan B" For Retailers
Expectations are that the U.S. Labor Department's proposed regulations re-defining the federal Fair Labor Standards Act's executive, administrative, professional, outside-sales, and derivative...
View Article"No Opinion Letters" Policy Reaffirmed
From the federal Fair Labor Standards Act's inception in 1938, employers sought, and officials of the U.S. Labor Department's Wage and Hour Division provided, official written explanations of how that...
View ArticleCourt Rejects Kentucky Wage-Hour Representative Actions
The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may...
View ArticleProposed FLSA Exemption Changes Still In Limbo
Employers await with bated breath the release of the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative,...
View ArticleMust Management Justify Treating Exempt Employees As Non-Exempt?
For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and...
View Article"Predictable Scheduling" Concept Gaining Momentum
In late January, we reported on U.S. Wage and Hour Division Administrator David Weil's comments that the agency is considering whether the federal Fair Labor Standards Act somehow entitles employees...
View ArticleFLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees
No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments...
View ArticleFLSA Exemption Changes: More On Salaried-Employee Alternatives
Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement.The...
View ArticleFLSA Exemption Revisions Sent To OMB (Updated 05 08 15: Proposals To Be Out...
U.S. Secretary of Labor Tom Perez has announced that proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and...
View ArticleTimekeeping For Exempt Employees
Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption?At the risk of giving the proverbial "lawyer's...
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