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Tag Archives: Fair Labor Standards Act

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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Department of Labor Ramps Up Outreach To Retailers’ Employees

Just before the Thanksgiving holiday, the Department of Labor (DOL) released an ominous blog post for employers, as they tend to do from time to time.  Last time, it was to promote its official timekeeping app, and this time it ...

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FLSA FAQ: Giving FLSA-Guilt-Free Thanksgiving Turkeys and Other Holiday Gifts to Employees

For readers in the U.S., tomorrow is Thanksgiving and the start of a long holiday weekend for many of us.  As we head into the holiday break, it is a good time to address how employers should handle holiday gifts ...

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FLSA FAQ: The “Starter” Minimum Wage Already Exists, But Isn’t Very Useful

Two topics that we have heard quite a bit about during all of the GOP debates so far are immigration and the minimum wage–two of my favorites.  We’ll leave the immigration debate aside for now, but I want to highlight ...

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Congress Repeals FLSA Provision, Immigration Battle Heads to Supreme Court

Earlier this week, we discussed the important amendment to the transportation bill that would clarify that federal law preempts certain state meal and rest break laws for interstate carriers.  That’s not the only change involving the FLSA and wage and ...

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What the DOL’s Possible Delay of New Overtime Rules Means for Employers

Undoubtedly the hottest topic in Fair Labor Standards Act and wage and hour law has been the Department of Labor’s (DOL) effort to revise the FLSA’s “white collar” or EAP regulations governing executive, administrative, and professional employees who are exempt ...

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The Effect (or Non-Effect) of Expense Reimbursements on the FLSA “Regular Rate”

Recently, we have discussed certain types of special calculations for non-exempt employees who earn commissions or who receive commissions or bonuses at a later date than they earned them. These issues are all part of broader discussions about fixed payments that ...

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Spooky Halloween Stories: Al Jazeera Publishes New Editorial Featuring Wage and Hour Division Administrator Dr. David Weil

I tweeted this article out on Twitter last week, but for your Friday reading, I wanted to pass along Al Jazeera’s editorial profile of Dr. David Weil, the administrator of the Department of Labor’s Wage and Hour Division (WHD).  The WHD is ...

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Playing with FLSA Fire: Lawsuit over Call Center’s Aggressive “Idle Time” Deductions Proceeds

Recently, the federal district court in Minnesota allowed a collective action filed by call center employees to proceed in an example of how employers can end up playing with fire through over-aggressive time deductions, particularly when employees are idle and “engaged ...

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Alternate Work Schedules: The 9/80 Pay Plan

Recently one of my colleagues asked a question about the Fair Labor Standards Act (FLSA) implications of a 9/80 pay plan that a client wanted to implement.  What is the 9/80 pay plan?  It is one of many alternative schedules ...

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