Can an employee secretly rack up overtime and sue for it later? The Fifth Circuit says not without proof that the employer knew or should have known about those hours. TL;DR: The Fifth Circuit affirmed a defense verdict in a Fair Labor Standards Act (FLSA) overtime case because the employee…
If your FLSA exemption strategy depends on a minimum one- or two-day guarantee, this decision should get your attention. The Fifth Circuit just rejected that structure under the statute’s salary-basis test. TL;DR: To qualify for the executive, administrative, or professional exemption under the Fair Labor Standards Act (FLSA), an employee…
Yesterday, the Department of Labor announced a new proposal on independent contractor classification. If finalized, the proposal would once again reshape how employers evaluate whether a worker is an employee or an independent contractor under federal law. TL;DR: The DOL’s proposal would rescind the 2024 independent contractor rule and…
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…
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…
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…
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…
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…
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…
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…