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).


2nd Circuit: No Trifecta for New York Employee’s Wage and Hour Claims

Violations of the Fair Labor Standards Act (FLSA) and New York state’s Labor Law subject employers to paying employees back pay plus “liquidated” damages of an equal amount (in addition to reasonable attorneys’ fees). Recently, a question arose on whether an employee can “stack” liquidated damages under the FLSA and the Labor Law so that he scores a triple recovery: back pay and liquidated damages under the FLSA plus liquidated damages under the Labor Law.


Appeals Court Expands Definition of ‘Joint Employer’ in Wage Claims

Employers in several states are facing a new definition of “joint employment” under federal wage and hour law. The 4th U.S. Circuit Court of Appeals has adopted a broad test for determining whether two employers are jointly liable for back pay and damages in those claims, making it easier for workers to show a joint […]