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FLSA

Unofficial off-the-clock rule spells class-action trouble

06/21/2018
What happens if there is an unwritten rule among supervisors that workers must come in early to set up and prepare for work before they’re allowed to log into the time-keeping system? That’s a recipe for a class-action FLSA lawsuit.

If Congress flips, expect FLSA OT threshold rewrite effort to stall

06/19/2018
Democratic wins in November’s midterm elections could influence the HR agenda on Capitol Hill, according to Michael Aitken, vice president of government affairs at the Society for Human Resource Management.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.

Department of Labor opinion letters are back

06/14/2018
As part of fulfilling its mission to enforce the Fair Labor Standards Act, the FMLA and other laws—and in recognition of their complexity—the DOL allows employers to ask specific questions about how to comply.

Battery maker charged with pay violations

06/07/2018
Eastern Penn Manufacturing Co. in Lyon Station, Pa., faces a lawsuit after investigators from the U.S. Department of Labor’s Wage and Hour Division found the company failed to pay workers for the time they spent putting on and taking off protective clothing and time spent showering before they checked out.

Court knocks down multi-state wage-and-hour class action

05/16/2018
A federal court has refused to certify a wage-and-hour class-action lawsuit. The crux of the case: Minnesota’s unique rules requiring employees to be paid for breaks of less than 20 minutes.

DOL: Expect new overtime pay rule in 2019

05/14/2018
The U.S. Department of Labor plans to wait until 2019 to release new proposed overtime rules for white-collar employees. The announcement, buried deep inside the Trump administration’s spring regulatory agenda document, merely states that the DOL will issue a notice of proposed rulemaking on “01/00/2019″—in other words, sometime next year.

Long Island body shop settles to avert collision with DOL

05/09/2018
Farmingdale Auto Collision and its owners have agreed to settle charges the company violated the Fair Labor Standards Act by not paying overtime pay as required by the law.

Ignorance may be bliss, but it’s a lousy legal strategy

05/09/2018
Ignoring a lawsuit won’t make it go away. In fact, it almost certainly means a default judgment in the employee’s favor. Be sure managers and executives understand they must take all legal paperwork seriously.

You can’t dodge FLSA by forming 2nd company

05/07/2018
Ever thought you might be able to skirt the Fair Labor Standards Act’s overtime provisions by arranging for related entities to “share” the same employees? Courts aren’t likely to buy the arrangement.