Tag: Fair Labor Standards Act

May the Force Be with You in (a Changing) 2018

Star Wars geekdom is strong in my family. I have it. My sons have it. My wife… well, she’s coming around. Like many my age, I grew up on the original Star Wars trilogy, idolizing the litany of iconic characters that include Han Solo, Luke Skywalker, Princess Leia, Chewy, Darth Vader, and so many others. […]

Employers need to be ready for new overtime rule by December 1

The flurry of speculation is finally over. The White House and the U.S. Department of Labor (DOL) have released the new final rule governing which workers must be paid overtime. The changes aren’t quite as drastic as what employers were preparing for based on the contents of the proposed rule made public last summer, but […]

Tips for a successful summer internship program

It’s summer, a time when you may have some new faces around the workplace. Eager college or even high school students are taking their place alongside experienced workers in the hopes that a summer of real-world experience will give them valuable insights into their chosen careers and maybe even give them a leg-up when they […]

Independent Contractor vs. Employee

by Gary S. Fealk Businesses often find it advantageous to hire independent contractors to perform a variety of duties in place of employees. Using independent contractors can reduce expenses for payroll taxes and benefits, avoid the impact of laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and […]

unlimited vacation

Unlimited Vacation Policies: Pros, Cons, and Pitfalls

Unlimited vacation is a growing trend that may be a good way for organizations to provide an incentive or bonus to employees to reward them for good work without increasing salaries or providing bonuses or other kinds of incentives. The concept of unlimited vacation is very simple: Employees can take vacation, personal, and sick time […]

DOL, IRS, Congress Want to ‘Help’ Workers Who Think They Are Misclassified as Independent Contractors

by Vaughn Burkholder and Tara Eberline What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent […]

Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]

Snowball Effect of Wage and Hour Class Action Lawsuits

The Fair Labor Standards Act (FLSA), the federal law that governs wages and overtime pay, has been the topic of numerous articles in state Employment Law Letters.  We’ve reported on the rise of wage and hour lawsuits filed state courts and we highlighted what federal courts consider “acceptable terms” for an FLSA settlement agreement What […]

Donning and Doffing Uniforms at Home May Not Be Compensable

by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]

Wage War: DOL Launches Aggressive “We Can Help” Enforcement Outreach

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has fired a loud warning shot to employers in its ongoing effort to increase federal Fair Labor Standards Act (FLSA) enforcement. In a news release late last year, U.S. Secretary of Labor Hilda Solis first unveiled plans for a proposed program to work with […]