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The Supreme Court’s recent opinion in E.M.D. Sales Inc. et al. v. Carrera et al., No. 23-217, 2025 WL 96207 (U.S. Jan. 15, 2025) provides clarity for employers navigating the complexities of exemptions to the Fair Labor Standards Act (FLSA). This ruling set the “preponderance of the evidence” standard as the benchmark for proving exemptions, […]
In recent years, many businesses—in fact, even entire countries have made significant moves toward the implementation of a four-day workweek. With so much interest in a shift to a four-day workweek in recent years, it’s worth considering how we got to our current status quo. What’s so special about five days and 40 hours? Has […]
During the biggest night in music, the 2025 Grammy awards ceremony, Kanye’s wife, Bianca Censori, caused quite a commotion by walking the red carpet when she removed her coat to reveal . . . just about everything. Her dress, if you can call it that, was completely sheer. And after I uttered, “Well, that’s a […]
When it comes to hiring, compliance isn’t just a legal hoop to jump through; it’s about building a foundation of fairness, equity, and legality in your recruitment process. However, even well-intentioned organizations can stumble into common pitfalls that compromise their compliance efforts. From anti-discrimination laws to wage regulations, the legal landscape governing hiring practices is […]
The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]
Twisters was a great summer movie. It had action, the hint of romance, subtle nods to original, questionable science and Glen Powell in a cowboy hat. What more can you ask for? I’m an employment lawyer living in the heart of tornado alley. So, I know a thing or two about tornados and what to […]
Hiring a new employee takes time—for example, time completing paperwork before the start date, as well as time reviewing policies and procedures and completing training. But how much of that time is considered compensable under the Fair Labor Standards Act (FLSA)? Orientation and Onboarding The FLSA generally counts a new hire’s time spent in orientation […]
On June 14, the U.S. Supreme Court agreed to decide an important Fair Labor Standards Act (FLSA) question—namely, whether an employer claiming an exemption from overtime needs to prove it by “clear and convincing” evidence (a very high standard) or by a preponderance of the evidence (a lower, easier standard to meet). The decision is […]
Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]
Question: What’s the minimum amount of time we can require exempt employees to use their paid time off (PTO)? Under our benefits policy, a half day (four-hour deductions) for exempt employees is usually OK, and our nonexempt employees can take PTO one hour at a time, but could we require a similar two-hour increment for […]