The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that Lackawanna County’s failure to pay county employees overtime was not “willful” under the Fair Labor Standards Act (FLSA), even though an e-mail from the county acknowledged that it had “wage and hour issues.”
Two recent decisions from the U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—provide new guidance for employers with tipped employees.
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
A New Jersey district court recently permitted a wage and hour class action to proceed despite the employer’s assertion that a collective bargaining agreement (CBA) preempts the employees’ claims.
Opinion Letters written by federal Department of Labor (DOL) officials have served to explain a variety of legal principles and clarify fact-specific situations under the Fair Labor Standards Act (FLSA) since the FLSA became law in 1938.
An employer has asked the U.S. Supreme Court to weigh in on joint employment in wage and hour claims—an issue that has recently divided the federal courts of appeal and drawn mixed messages from the U.S. Department of Labor (DOL).
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 […]
“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.
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.
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.