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FLSA

Supreme Court’s employer-friendly ruling: FLSA classification standard is ‘preponderance of the evidence’

01/21/2025
The U.S. Supreme Court on Jan. 15 unanimously ruled that employers can win lawsuits claiming they misclassified an employee as exempt if a preponderance of the evidence supports their case. The court rejected a much tougher standard—clear and convincing evidence—that would have made it easier for employees to win misclassification lawsuits.

It’s not just the FLSA—monitor and comply with state and local wage-and-hour laws, too

01/15/2025
Make it a point to monitor state and local wage-and-hour laws and prepare in advance to comply.

Prepare for Trump administration’s impact on DOL

01/06/2025
With each change in administration, there’s a change in how federal agencies operate. When President-elect Trump takes office Jan. 20, expect rapid change at the U.S. Department of Labor.

DOL appeals overtime decision and injunction

12/09/2024
The Department of Labor has appealed a ruling by a federal judge in Texas that overturned the Biden administration’s rule that would have made some 4 million more white-collar workers eligible for overtime pay.

California’s new independent contractor law suggests best classification practices

12/09/2024
There’s hope on the horizon for organizations that need to make sure they properly classify the contractors with whom they work. A new California law takes effect next month that could provide a classification best-practices model that might be applicable anywhere.

Start 2025 right with updated job descriptions

12/06/2024
Are all your employees performing the same tasks as when they were hired? Probably not. Job duties change all the time. Job descriptions should, too.

Why you might want to track exempt workers’ time

12/02/2024
Because you must pay exempt employees their full salary in any week when they perform any work, there’s generally no need to track every hour and minute they work. But what happens if you classified the worker incorrectly and she wasn’t an exempt employee after all?

Court blocks overtime rules: Now what?

11/26/2024
What should employers do now that the overtime rule has been overturned? The good news is they won’t need to raise salaries on Jan. 1. But what about reversing the changes made in good faith back in July? Here are your options.

Under GOP, could comp time replace overtime pay?

11/20/2024
A proposal calls for Congress to pass the Working Families Flexibility Act, which proposes amending the Fair Labor Standards Act. It would authorize private employers to provide one-and-a-half hours of comp time for each overtime hour worked.

New overtime rule overturned, white-collar salary threshold reverts to $35,568 per year

11/18/2024
A federal judge in Texas on Nov. 15 struck down the Department of Labor rule that granted overtime pay to 1 million white-collar workers in July and would have made another 3 million eligible for overtime pay on Jan. 1.