Overtime

The New FLSA “Regular Rate” Clarifications: Part 1

DOL seal

The Department of Labor (DOL) has been busy lately, and not just by increasing the threshold for salaried, exempt employees under the Fair Labor Standards Act (FLSA). That threshold increased on January 1, 2020 for the first time since the ...

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Are Employers Required to Pay Workers for Holidays?

Mistlepup

In our last post, we talked about unlimited vacation, but this time of year, vacation is obviously not the only thing on our minds. As I sit in union negotiations this week talking about holidays and holiday pay (among other ...

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Looking Back: Encino Motorcars v. Navarro One Year Later

Until last April, the Supreme Court had construed Fair Labor Standards Act (FLSA) exemptions “narrowly.” For example, just 7 years after the FLSA’s passage, the Court ruled in A.H. Phillips, Inc. v. Walling, that “extend[ing] an exemption to other than ...

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What Employers SHOULD tell the DOL about their Proposed White-Collar Salary Threshold

DOL seal

I know, I know–I haven’t posted here in forever. What can I say? In-house life at a publicly-traded company is busy. I felt compelled to write something, though, because the Department of Labor is back with a new white-collar salary ...

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FLSA Regulations are Here…with Four Surprises!

DOL seal

After years of speculation, the day is finally here: the Department of Labor will finally publish its revisions to the Fair Labor Standards Act’s (FLSA) white collar exemptions tomorrow in the Federal Register (or at least announce then, with publication ...

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New Fair Labor Standards Act Regulations Very Likely to be Released Next Week

DOL seal

For those of you who have been following the U.S. Department of Labor’s (DOL) efforts to change (at least) the salary threshold for white collar employees under the Fair Labor Standards Act (FLSA), the day of reckoning is likely upon ...

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Amended New York Law Gives Wage and Hour Plaintiffs Direct Access to Shareholders’ Pockets

Photo credit: stuant63 (Flickr)/Foter.com - CC BY-NC

New York employers and their shareholders will start facing substantially increased liability for wage and hour violations in January now that the state has again amended its Business Corporation Law.  The latest change allows plaintiffs in wage and hour cases ...

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Unpredictable Work: Scheduling Mandatory or “Forced” Overtime for Employees

Particularly this time of year, many employers face unpredictable demand for labor.  Whether in retail stores facing a crush of shoppers, hospitals and health care providers facing spikes in patients using benefits before the end of the year, manufacturers running ...

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FLSA FAQ: Properly Compensating Employees for On Call Time

Recently, we discussed the issue of a call center employer who took deductions for employees’ “idle time” while on duty, both at breaks and while waiting for their next work assignment.  As a follow up to that post, I wanted ...

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No Joy In Mudville: Meal and Rest Break Amendment Strikes Out in Final Transportation Bill

Last month, we talked about Rep. Jeff Denham (R-CA)’s Amendment 783 to the Developing a Reliable and Innovative Vision for the Economy (DRIVE) Act (the formal name for H.R. 22, the House’s version of the transportation bill).  Yesterday, Congress announced ...

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