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‘Fair reading’ of FLSA exemptions gets a test drive

In 2018, the U.S. Supreme Court ruled in Encino Motors v. Navarro that exemptions to the Fair Labor Standards Act should be given a “fair reading,” instead of a narrow construction. Two federal appellate court decisions have put their stamp on just what counts as a fair reading.

Wage lawsuits fall, but still near historical highs

In 2018, U.S. employees filed 7,494 lawsuits in federal courts relating to wage-and-hour issues. That’s down a bit from the previous year, but still running at historically high levels.

Exempt employees and the reasonable relationship test

The reasonable relationship requirement exists so an employer may compute an exempt employee’s earnings on an hourly, daily or shift basis without the employee losing exempt status or the employer violating the salary basis requirement.

Alleged tip skimming prompts DOL lawsuit in Lansdowne, Pa.

The U.S. Department of Labor has sued the owner of the Empire Diner & Restaurant in Lansdowne, Pennsylvania, after an investigation found willful violations of the federal minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act.

Tree service trimmed OT wages, now must pay up

Sidelines Tree Service has agreed to settle U.S. Department of Labor Wage and Hour Division charges that it cheated employees out of overtime pay and violated the Fair Labor Stan­dards Act’s record-keeping requirements.

Lubbock, Texas firm fined for short-changing pre-shift pay

Llano Logistics in Lubbock, Texas, will pay 629 workers $244,208 in back pay and liquidated damages.

Seek expert legal advice when setting up complicated compensation structures

Employers that try to simplify the FLSA overtime system by paying a set amount per week for all hours worked can easily get tripped up.

Travel reimbursements could be FLSA wages

Under IRS rules, employers that provide a payment for travel expenses in lieu of requiring proof that workers incurred expenses don’t have to withhold taxes or contribute to and remit Social Security taxes based on the payment. But the Fair Labor Standards Act treats such payments differently.

DOL serious about nursing mother protections

The U.S. Department of Labor has issued one of its first milk-expression break citations on the Trump administration’s watch.

New DOL opinion letters address wage-and-hour issues

The DOL issued four opinion letters in early November in response to employer requests. All the letters dealt in some way with how to comply with the FLSA.