Tag: FLSA

sales

Supreme Court Rejects Narrow Interpretation of FLSA in Overtime Case

The U.S. Supreme Court’s 5-4 ruling in a case directly affecting employers of auto service advisers is expected to have implications for employers of other kinds of workers as well since the Court rejected the notion that exemptions to the Fair Labor Standards Act (FLSA) must be construed narrowly.

wage

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 […]

compensation

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 […]

Can You Accept Volunteer Labor?

The Fair Labor Standards Act (FLSA) is seemingly straightforward on the matter of pay: employers must pay employees for all hours worked. But who is an employee? And can employers accept free work?

break

3rd Circuit: Employees Entitled to Pay for Short Breaks During Day

In a recent precedential decision, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—held that employers are obligated to pay employees for breaks of 20 minutes or less under the Fair Labor Standards Act (FLSA).

FLSA

3rd Circuit Tackles Definition of Willful Conduct Under FLSA

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.”

tips

10th Circuit Gives Employers Tips About Tipping

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.