Wage-and-hour disputes often come down to one deceptively simple question: when does paid work actually begin? A recent Eleventh Circuit decision draws some clear – and employer-friendly – lines around travel time, tool time, and waiting time under the Fair Labor Standards Act. TL;DR: The Eleventh Circuit held that…
Articles Posted in Wage and Hour
Part Three: You Can’t Contract Away Work Time – and Overtime Rules for Commissioned Employees
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part three of a three-part series – covers the final two letters, both under the FLSA, and both aimed at assumptions employers…
Part Two: What the DOL Just Clarified About FLSA Exemptions and Bonus Pay
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part two of a three-part series – focuses on two FLSA letters that address problems employers often assume they have already…
You Can Pay Time-and-a-Half and Still Get Overtime Wrong
Employers often try to manage overtime by adjusting schedules, staffing, or compensation models. What they cannot do is manage overtime by adjusting the “regular rate” in a way that only shows up when overtime does. That distinction mattered here. TL;DR: A federal appeals court affirmed summary judgment for an employee…
When FLSA Retaliation Reaches Beyond the Direct Employer
Most people assume FLSA retaliation claims start and end with the employer on the worker’s W-2. Not so. The Ninth Circuit just widened the blast radius. TL;DR: The Ninth Circuit held that a worker who files an FLSA lawsuit against one business can pursue a retaliation claim against a…
Pumping rights after the PUMP Act: one employer’s old mistake, every employer’s modern lesson
An airline services company once thought a single scheduled break was enough time for a new mom to pump breast milk. The result? A federal lawsuit that is still headed to trial, and a reminder of what today’s PUMP for Nursing Mothers Act now makes crystal clear. TL;DR: A federal…
Two Entities, One Employer: The DOL’s Latest Joint Employer Warning
Ever wonder whether two connected businesses, like a restaurant and private club sharing a kitchen and managers, can dodge overtime by claiming they’re separate companies? The U.S. Department of Labor just answered that question loud and clear. TL;DR: When two entities share ownership, management, operations, and other common elements, and…
🦪 Shuck Yeah! The DOL Says Some Oyster Shuckers Can Join the Tip Pool
If you’ve been clam-oring for clarity on whether front-of-house oyster shuckers can share in the tip pool, the U.S. Department of Labor just served up a pearl of wisdom. TL;DR: The Wage and Hour Division (WHD) issued a new opinion letter (FLSA2025-03) confirming that front-of-house oyster shuckers who interact with…
Unauthorized overtime: Yes, you must pay for it. But yes, you can still fire someone for it.
When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim. TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly…
DOL Revives Its “Amnesty” Program to Help Employers Dodge Wage Disputes
It’s one of the few government programs that rewards employers for doing the right thing before getting sued. TL;DR: The U.S. Department of Labor has relaunched the Payroll Audit Independent Determination (PAID) program. PAID allows employers to voluntarily disclose and correct federal wage violations under the Fair Labor Standards Act…