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The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]
Twisters was a great summer movie. It had action, the hint of romance, subtle nods to original, questionable science and Glen Powell in a cowboy hat. What more can you ask for? I’m an employment lawyer living in the heart of tornado alley. So, I know a thing or two about tornados and what to […]
Hiring a new employee takes time—for example, time completing paperwork before the start date, as well as time reviewing policies and procedures and completing training. But how much of that time is considered compensable under the Fair Labor Standards Act (FLSA)? Orientation and Onboarding The FLSA generally counts a new hire’s time spent in orientation […]
On June 14, the U.S. Supreme Court agreed to decide an important Fair Labor Standards Act (FLSA) question—namely, whether an employer claiming an exemption from overtime needs to prove it by “clear and convincing” evidence (a very high standard) or by a preponderance of the evidence (a lower, easier standard to meet). The decision is […]
Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]
Question: What’s the minimum amount of time we can require exempt employees to use their paid time off (PTO)? Under our benefits policy, a half day (four-hour deductions) for exempt employees is usually OK, and our nonexempt employees can take PTO one hour at a time, but could we require a similar two-hour increment for […]
A final rule from the U.S. Department of Labor (DOL) means employers can expect a much tougher time justifying a worker’s status as an independent contractor—a fact that has big implications for the gig economy and has attorneys who advise employers urging caution. The final rule, announced on January 9 and scheduled to be published in […]
Many working mothers strive to attain some form of work/life balance but may find their jobs don’t provide the flexibility and autonomy they need to reach this goal. As women, we often feel like we’re spinning one plate too fast and one plate too slow and will eventually drop them all. While many employers voluntarily […]
The U.S. Supreme Court recently ruled that a daily-rate worker who earned over $200,000 annually wasn’t exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate didn’t satisfy the “salary basis test,” which is required for an employee to […]
In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding an employer’s ability to require workers to work overtime. Let’s hear what our team of HR experts have to say! Q: Can employees be mandated to […]