Tag: FLSA

letter

DOL Opinion Letters Rise from the Ashes

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.

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employment

Employer Asks SCOTUS to Address Joint Employment

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).

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Maryland

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 […]

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Maine

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.

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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.

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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.

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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.

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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.

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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.

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