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Monthly Archives: September 2015

Federal Contractor Minimum Wage to Increase for 2016

The President’s Executive Order 13658, released in October 2014, which set a minimum wage for certain federal contractor employees requires that the Department of Labor adjust the minimum wage on an annual basis. Earlier this month in the Federal Register, ...

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DOL Promoting Timesheet App again on Official Blog

The DOL promoted its Timesheet app again in a blog post yesterday, which it cross-posted to DigitalGov (and why DigitalGov.Gov, instead of Digital.Gov?).  Since May 2011, DOL has offered Timesheet for individuals to use to keep their own separate time records.  The free ...

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Fifth Circuit’s FLSA Meal Break Decision Exposes Limit of Supreme Court’s Integrity Staffing Decision

Yesterday, I profiled Naylor v. Securiguard, a Fifth Circuit decision with a seemingly unique fact pattern (security guards on a naval base) with potentially broader impact.  As I mentioned yesterday, Naylor exposes some of the limits of Integrity Staffing Solutions, Inc. v. ...

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Travel-shortened meal breaks may be compensable under FLSA says Fifth Circuit

It’s more cult classic than a summer blockbuster, but one of my favorite movies is 2000’s “O Brother, Where Art Thou?” starring George Clooney. To me, it is the Coen brothers at their finest. Loosely based on Homer’s “Odyssey,” the movie follows ...

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Here’s How the Possible Federal Government Shutdown Could Impact Employers

For the umpteenth time in the past several years, Congress is once again on the brink of a threatened shutdown due to a budget standoff.  When I was an attorney at the Social Security Administration, we went through this fire ...

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Missouri Battles Over Minimum Wage, Right to Work Rage On

As I’ve been covering on Twitter, Missouri has been roiled lately with state and local battles over the minimum wage and right to work legislation. Both saw developments last week. Last Wednesday, the Missouri General Assembly sustained Governor Jay Nixon’s ...

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Protecting the Sharing Economy: Creating an FLSA Dependent Contractor Status

Last week, I answered a question about whether the FLSA is outdated in the affirmative. For the reasons I discussed last week, forcing every worker into the employee bucket, as the DOL seems to prefer, does not serve the workers or employers well. The alternative undermines the protections that employment laws are supposed to provide. In my opinion, the most balanced approach creates a dependent contractor classification under the FLSA that enjoys a floor of rights common to all workers. What would the "dependent contractor" regulation look like?

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Do Sharing Economy Cases Show that the FLSA is Outdated? Yes!

Over at the Workplace Prof Blog, Professor Sachin Pandya (Connecticut) asks whether sharing economy cases show that employment laws–in particular the FLSA–are outdated.  Without commenting on any one case or situation, the answer to me is obvious: Yes!  Recent cases involving ...

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Final Push Puts DOL FLSA Regulation Comments over 264,000

As employers anxiously await the final regulations codifying changes to the FLSA white collar exemptions, and the salary level in particular, the DOL announced the final public comment totals during the 60-day comment period that closed on September 4.

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Regulation Recap: The DOL’s Proposed FLSA Regulations, and What’s Next

With the comment period now officially closed, I wanted to summarize the Department of Labor’s Wage & Hour Division’s (WHD) proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar” exemption for executive, ...

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