Tag Archives: Wage and Hour

FLSA FAQs: Pay Agreements and Changing Employee Pay Rates

For many employers and employees, a new year means a review of pay levels and new agreements about pay going forward. (I hope that it means pay increases, but as we discussed with the Pay Period Leap Year last week ...

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53 Fridays: The 2021 Pay Period Leap Year

We have reached the first non-holiday Friday of 2021, which means today is the first payday for many employers (including my own). 2021 is one of those years that come along every 5, 6 or 11 years, depending on your ...

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DOL Finalizes Independent Contractor vs. Employee FLSA Rule That Likely Will Never Take Effect

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In September, we discussed the Department of Labor’s announcement of a then-proposed rule offering the agency’s interpretations of whether a worker is an independent contractor for purposes of the Fair Labor Standards Act (FLSA). Before the horrific chaos at the Capitol ...

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DOL Proposes (Potentially Temporary) Independent Contractor vs. Employee Interpretations of FLSA

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Since the Department of Labor (DOL) Wage and Hour Division first announced its spring’s unified regulatory agenda, we have known that the DOL was planning to use the waning months of the Trump administration’s first term to fast track a new employee ...

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July Brings DOL Forbearance on Liquidated Damages in Wage Claims, Investigations

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Effective today, July 1, 2020, the U.S. Department of Labor (DOL) is cutting employers a temporary break. As we discussed back in March, employers can be sued for violations of the Fair Labor Standards Act (FLSA), such as failing to ...

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

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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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Your “Construction” Business Under State Employee Classification Laws

After a brief (but mandatory) operational pause, the blog is back!  I can’t promise daily posts going forward, but I will be active from here on out.  Back to our regular programming… Have you ever dreamed of being in “waste ...

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Recent Indictment is Good Reminder that FLSA, Other Wage and Hour Laws Provide for Criminal Charges

Photo credit: The.Comedian via Foter/Flickr - CC BY-NC

We talk regularly about the DOL’s focus on misclassifications or the potential liability for unpaid overtime, but these are all civil penalties. Although they are somewhat rare, the FLSA and other wage and hour statutes provide opportunities for criminal charges against employers. In ...

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A Deeper Look at the Department of Labor Wage and Hour Division’s FY2015 Enforcement Statistics

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Yesterday, we looked at statistics for FLSA lawsuits in federal courts during calendar year 2015.  The Department of Labor’s Wage and Hour Division (WHD) recently released its enforcement statistics for FY2015, which ended on September 30.  The data shows a few ...

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