Category: FLSA/Wages

The revision of FLSA and other wage and hour regulations presents a compliance challenge for companies nationwide. Employees once classified as exempt may be reclassified as hourly, and vice versa. Sometimes it’s in your company’s best interest to reclassify employees, but you need to be able to weigh the costs and benefits. We show you how, and give you valuable case studies and news updates on the wage and hour front.


Caution Advised for Employers Considering DOL’s New PAID Program

The U.S. Department of Labor’s (DOL) announcement of a pilot program aimed at getting employers to voluntarily work with the department to resolve “inadvertent” overtime and minimum wage violations represents an opportunity for employers to fix mistakes without litigation, but attorneys who work with employers on wage issues urge caution.

minimum wage

9th Circuit Adopts Workweek as Proper Measure for Minimum Wage Compliance

Following the lead of several other courts of appeals and the long-held position of the U.S. Department of Labor (DOL), the U.S. 9th Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—recently concluded that minimum wage compliance under the Fair Labor Standards Act (FLSA) is determined by dividing the […]


Preshift Activities: Compensable or Not Compensable? That Is the Question!

According to Albert Einstein, “Time is an illusion.” Or is it? The U.S. Court of Appeals for the 5th Circuit— which covers Louisiana, Mississippi, and Texas—recently heard a claim in which three workers said they weren’t sufficiently compensated under the Fair Labor Standards Act (FLSA) for all the work they performed. The workers, who were […]


6th Circuit Shows Fine Line Between Exempt and Nonexempt Duties

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that employees were sometimes exempt from receiving overtime but were not exempt other times. The deciding factor was a very slight difference between the discretionary authority exercised in each role.


1st Circuit Reminds Employers to Ensure All Parties Have Agreed to Arbitration

Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]

minimum wage

Can Local Governments Set Higher Minimum Wage Than the State?

Throughout the country, much has been made of varied initiatives to increase the minimum wage from its current level under federal law to higher levels. Many commentators frequently propose $15 an hour as the new minimum wage, and some municipalities throughout the country have enacted local ordinances to push their minimum wage higher than the federal […]


Marijuana Mainstream: Should It Be Treated Like Tobacco for Overtime Purposes?

The legalization of marijuana poses more conundrums for employers than just the challenges caused by employees’ use of the popular herb. While most employers in states like Nevada, where marijuana is legal both medicinally and recreationally, worry about whether they can terminate an employee for lawfully using weed, others are asking whether they are required […]