Asking Tipped Employees to Perform Extra Duties Can Stick Restaurants with Unwanted Tab

Most restaurants take advantage of the tip credit authorized by federal and Maryland wage and hour law when compensating their servers. If used correctly, the tip credit allows an employer to reduce its labor costs by applying tips earned by employees as a partial credit against the minimum wage they would otherwise be paid for […]


Overtime and FLSA: Maine Employer Cheesed Off by Comma Drama

“Who gives [an expletive] about an Oxford comma?” muses the band Vampire Weekend in a hit song. After a recent decision from the 1st Circuit (which covers Maine, Massachusetts, New Hampshire, and Rhode Island), I’m sure Oakhurst Dairy cares about the issue quite a bit.

New Jersey

New Jersey Financial Advisers Are Exempt Employees Under FLSA

A New Jersey federal court recently granted an employer’s motion for summary judgment (dismissal without a trial) on a group of financial advisers’ overtime claims, finding they were properly classified as exempt under the Fair Labor Standards Act (FLSA) and its New Jersey counterpart.


Minimum Wage Provisions—and Exemptions—under the FLSA

In this article series, we provide a refresher on the basics of the Fair Labor Standard Act’s (FLSA’s) requirements.  In this article, we will review minimum wage provisions under the law. We’ll also explain the exemptions from providing the minimum wage.

truck driver

When Does a Job Interview Become Compensable?

There are a few situations in which an employer may have to pay individuals for time spent interviewing for a job. The factors to consider vary among jurisdictions but a federal appeals court recently made one thing clear in a lawsuit involving a 3-day interview: the length of the interview likely is irrelevant.


FLSA Recordkeeping Requirements and the Lilly Ledbetter Fair Pay Act

In this new article series, we will provide a refresher on the basics of the Fair Labor Standard Act’s (FLSA’s) requirements.  In this article, we will review employers’ recordkeeping obligations under the law and how employer practices were impacted by the Lilly Ledbetter Fair Pay Act of 2009.

Rhode Island

Buyer, Beware: You May Be Liable for Seller’s Wage Law Violations

The Rhode Island federal court recently held that a buyer of an employer’s assets can be liable for the seller’s violations of federal and state wage laws, even if the buyer is a separate entity with distinct management and ownership from that of the seller. If the buyer continues the seller’s business operations, it should conduct careful due diligence and confirm that the seller will have sufficient assets after the sale to satisfy any lingering debts.


SHRM to DOL: Reverse Obama FLSA Interpretations

The U.S. Department of Labor (DOL) should rescind certain wage and hour “Administrator Interpretations” issued during the Obama administration, the Society for Human Resource Management (SHRM) said February 16.


Who Is an Employee Under the FLSA? Not NCAA Athletes, According to the 7th Circuit

Recently, the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—affirmed an Indiana court’s decision to dismiss a case filed by former student athletes at the University of Pennsylvania (Penn) against the NCAA. The student athletes alleged they were employees who were entitled to minimum wage under the Fair Labor Standards Act (FLSA).