FLSA

DOL eyes employers’ high earners

11/01/2022

You may think that paying employees a large salary automatically means you won’t be targeted by the Department of Labor for FLSA overtime violations. Isn’t it reasonable to expect employees who earn $100,000 or more to be exempt from overtime? Unfortunately, the DOL doesn’t see it quite that way.

About time: Bill for truckers makes progress

09/29/2022

A new bill, Guaranteeing Overtime for Truckers Act, would eliminate the overtime exemption of the FLSA and have truckers beeping their horns in celebration.

Banning noncompetes for the nonexempt

09/22/2022

Rep. Mike Garcia (R.-Calif.) introduced the Restoring Workers Rights Act on Sept. 1 2022, a bill that would ban the use of noncompetition agreements for nonexempt employees across the country.

Pay time-and-a-half or pay the price

09/22/2022

U.S. Department of Labor investigators found Done-Rite Tree Co. failed to pay overtime wages to 39 nonexempt workers in violation of the Fair Labor Standards Act.

Diner ordered to dish up $1.35 million

09/20/2022

The Empire Diner in Lansdowne, Pa., learned the hard way it’s not nice to steal your servers’ tips.

FLSA, religious bias cases on docket this fall

08/11/2022

The U.S. Supreme Court returns for its new term in October and already has scheduled two cases affecting employers. One will address whether employers can ever pay a daily rate to an employee classified as exempt. The other will clarify whether an employer’s religious views can exempt it from state and federal nondiscrimination laws.

Ensure exempt teleworkers are properly classified

08/04/2022

If you have exempt employees who work remotely, be sure they really are exempt. It’s important because it is difficult to track teleworkers’ time. If they have been misclassified, you could violate the Fair Labor Standards Act in two ways: failing to pay overtime and failing to properly track all hours worked.

Beware forcing bosses into nonexempt work

08/04/2022

Restaurant and retail managers who are classified as exempt often have to step in and perform non-managerial work when the need arises. Normally, that doesn’t destroy their exempt status. But when an employer purposely minimizes the number of hourly workers assigned to shifts, the risk of managers losing their exempt status rises dramatically.

D.C. Circuit to NLRB: Take a fresh look at joint-employer ruling

08/02/2022

The D.C. Circuit Court of Appeals has ordered the National Labor Relations Board to revisit its most recent, Trump-era ruling in Browning-Ferris Industries, a landmark decision that defined what it means to be a joint employer under the National Labor Relations Act.

Biden’s White House will be first to pay its interns

07/19/2022

To determine if interns should be paid, the Department of Labor and the courts have used a primary-beneficiary test, which looks at who benefits most—the employer or the intern.