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FLSA

Small employer? FLSA probably still applies

09/09/2021
Most private-sector employers must comply with the Fair Labor Standards Act’s wage-and-hour rules, regardless of size. The law applies to employers that do a reasonable amount of business while engaged in interstate commerce.

Court tosses California gig-worker ballot initiative

08/24/2021
A California judge has ruled unconstitutional a state ballot initiative that allowed gig-economy platforms such as Lyft and Uber to classify drivers as independent contractors.

Ask attorney: Does state law supersede FLSA?

08/19/2021
The Supreme Court’s 2014 decision in Integrity Staffing Solutions v. Busk, that time employees spend in a security-check line after work doesn’t count as time worked under the federal Fair Labor Standards Act, did not create a foolproof safe harbor for employers. The Pennsylvania Supreme Court just ruled that state wage-and-hour law did require Integrity Staffing to pay for screening time.

It’s official: DOL pulls plug on joint employer, contractor regs

08/03/2021
The Department of Labor has officially rescinded two Trump administration regulations that would have redefined joint employment and the distinction between employees and independent contractors.

DOL plans to explore raising exempt overtime threshold again

08/03/2021
The Department of Labor has confirmed it is reviewing the exemptions of executive, administrative and professional employees from the overtime requirements of the Fair Labor Standards Act.

Manage FLSA basics: minimum wage and OT

07/29/2021
Managing a restaurant is tough these days. Staffing is next to impossible. Wages are rising. New covid-19 safety rules have added layers of extra costs. Those are just the new complications. But all the old requirements remain, too, such as complying with the wage-deduction and overtime rules covered by the Fair Labor Standards Act.

DOL proposes new rule on tipped worker pay

06/22/2021
The Department of Labor has floated a rule that would limit the amount of non-tip-producing work that a tipped employee can perform when an employer takes a tip credit.

Highly paid contractors may be FLSA HCEs

06/17/2021
One of the biggest risks of using independent contractors is the possibility they could challenge their status and argue they should be classified as employees. But there is a way to avoid that litigation risk: Pay those independent contractors enough so they would otherwise be classified as highly compensated employees under the FLSA.

Pay equity group alleges tip credit perpetuates racism

05/06/2021
Many tipped workers wind up earning far more than the $7.25 minimum when tippers are generous. But some patrons are cheapskates (or worse) who may tip far less because they harbor racist views. That problem is the basis of a recent lawsuit.

DOL withdraws Trump-era independent contractor rule

05/06/2021
The Department of Labor has withdrawn a rule issued Jan. 6 in the waning days of the Trump administration that critics say would have denied gig workers eligibility for minimum-wage and overtime pay under the Fair Labor Standards Act.