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…
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…
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…
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…
Where have I been? I took a short break from July 4 through July 14 to spend some time offline on vacation with my family. Thanks for your patience—and I promise this one was worth the wait. The One Big Beautiful Bill (OBBB) became law on July 4—and with it,…
If the Department of Labor comes knocking about unpaid wages, here’s some welcome news: as of June 27, 2025, it can no longer demand liquidated damages—unless it sues you. TL;DR: In Field Assistance Bulletin (FAB) 2025-3, the U.S. Department of Labor announced that its Wage and Hour Division (WHD)…
Paying employees a flat weekly salary doesn’t make them exempt from overtime. One employer just learned that lesson the expensive way—after misclassifying dozens of workers. TL;DR: A Houston plumbing contractor paid 31 service technicians and apprentice helpers a salary and didn’t pay them overtime. But those workers didn’t qualify…