What a week! On the same day that the Federal Trade Commission announced its plan to ban most employee noncompetes, the U.S. Department of Labor proposed increase to the salary level for EAP overtime exemptions. Employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime protections if…
The same week that the U.S. Department of Labor’s rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect, both houses of Congress introduced legislation to shorten the workweek. On Thursday, Sen. Bernie Sanders (I-Vt.), Chairman of the Senate Committee…
It’s not like I woke up in a cold sweat, fixated on this obscure bit of Fair Labor Standards Act minutiae. But I did read this Eleventh Circuit decision last night, which did posit whether “Julie Andrews’s Mary Poppins, Martin Lawrence’s Big Momma, Fran Drescher’s Nanny Fine, Robin Williams’s Mrs.…
The Fair Labor Standards Act can be a veritable legal liability minefield for the uninitiated. Just ask several of my friends who practice law on the plaintiff’s side. Heck, it can put an employment lawyer’s kids through college, no matter on which side of the “v” they practice. 😏 Last…
It’s not often that I attempt to locate images for blog posts using ‘kickback’ as a search term. But when I do, rest assured that some employer really stepped in it. Last year, I wrote about a home healthcare agency that allegedly retaliated against employees for cooperating with a U.S. Department…
The Fair Labor Standards Act (FLSA) is the federal wage and hour law that protects all covered workers from substandard wages and oppressive working hours by requiring that employers pay employees minimum wage and overtime when they work more than 40 hours in a workweek. Determining who counts as an…
For the first time in four years, the U.S. Department of Labor plans to increase the minimum salary level to be exempt from the Fair Labor Standard Act’s overtime requirements. What is the Department proposing? Under the current FLSA regulations, a covered employer must generally pay executive, administrative, or professional (EAP)…
Dijares, CC BY-SA 4.0, via Wikimedia Commons Two wage and hour posts in a row! And this one has an 80’s hair metal track (with a Milton Berle cameo) to back it. So, cut off your sleeves and sing along as we talk about rounding time under the Fair Labor…
By Terry Foote – I took this photograph while attending a Spring Training game, CC BY-SA 4.0, Link Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'” But, now that you’re here, you might as…
Employment lawyers often quip that they could walk into a workplace and spot at least one violation of the Fair Labor Standards Act (FLSA), the federal law governing the payment of overtime pay at not less than time and one-half the regular rate of pay for all hours worked over…