Tag: FLSA

November 1, 2023

The ability to pump breast milk in the workplace is protected by the FLSA. In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break […]

June 12, 2023

On October 11, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (“NPRM”) defining employee versus independent contractor status under the Fair Labor Standards Act. We previously discussed the way in which the NPRM proposes to shift […]

May 25, 2023

Collective actions are specific to the FLSA and the Age Discrimination in Employment Act, which incorporates by reference sections of the FLSA. Collective actions differ from class actions. In a class action, which is not limited to any particular statute […]

May 10, 2023

Employers should post the DOL’s two new posters on FLSA and FMLA protections which the DOL updated following the passage of the Pregnant Worker’s Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, discussed in […]

May 3, 2023

In its first Field Assistance Bulletin of the year, the U.S. Department of Labor (“DOL”) offered new guidance regarding the application of certain key federal employment laws — the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave […]

April 13, 2023

An ongoing lawsuit in federal district court is challenging whether the U.S. Department of Labor (DOL) can apply a salary requirement for workers who are exempt from overtime. The DOL defended its use of the salary test in recent court […]

March 15, 2023

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive” exemption, “highly compensated employees” are […]

January 25, 2023

On January 11, 2023, the First Circuit (the federal Court of Appeals covering MA, RI, NH, ME and Puerto Rico) issued its decision in Walsh v. Unitil Service Corp., which scrutinized an employer’s evaluation of whether its employees qualified as […]

November 1, 2022

On October 24, 2022, the Ninth Circuit Court of Appeals issued a decision in Cadena v. Customer Connex LLC, concerning whether the time employees spend booting up and shutting down their computers is compensable under the Fair Labor Standards Act […]

October 12, 2022

The Biden Administration’s Labor Department earlier today issued a proposed regulation that seeks to define the worker classification test for independent contractor or employee status under the Fair Labor Standards Act (FLSA). Once finalized, the regulation would alter the test […]

September 13, 2022

An employer failed to show that the Fair Labor Standards Act’s (FLSA’s) administrative exemption applied to two former employees who were suing for unpaid overtime, the 11th U.S. Circuit Court of Appeals ruled. Although the employees’ investigative duties were important […]

August 23, 2022

The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh Circuit Court of Appeals has held. […]

February 22, 2022

In March 2021, then-Gov. Ralph Northam backed by a full Democratic majority in the General Assembly (Virginia’s legislative body), signed the Virginia Overtime Wage Act, greatly expanding the state’s overtime requirements effective July 1, 2021. Prior to the act, Virginia […]

January 4, 2022

When an employer acknowledges that “idle time” spent by employees on the return leg of a work flight is compensable travel time, attempts to deduct an hour of mealtime from their overtime pay for the flight violate the Fair Labor […]

November 19, 2021

Exempt and non-exempt employees are worker classifications established by the Fair Labor Standards Act that determine if you must pay an employee overtime pay. Exempt employee: An employee who, based on job duties and salary, is “exempt” from receiving overtime […]

September 24, 2021

On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule, available here, the DOL may […]

September 20, 2021

The U.S. Department of Labor (DOL) announced Sept. 20 that its rescission of the prior administration’s joint employer rule would take effect Oct. 5 rather than the original rescission effective date of Sept. 28. We’ve gathered articles on the news […]

August 4, 2021

In an action anticipated since it issued its Notice of Proposed Rulemaking in March, the U.S. Department of Labor (DOL) officially has withdrawn the Joint Employer Final Rule published during the previous administration. The Rescission Final Rule was published on […]

July 29, 2021

The U.S. Department of Labor (DOL) has rescinded a final rule issued under the Trump administration that narrowed the definition of “joint employer” under the Fair Labor Standards Act (FLSA). The rescission makes it more likely that an employer will […]

July 19, 2021

Apiece-rate plan is a wage payment system where an employee is paid a fixed amount for each unit produced or action completed. Piece rate is used in many different industries, including automobile repair, trucking, manufacturing and call centers. An example […]