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. Continue reading
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 sometimes make about flexibility.
One letter addresses whether mandatory pre-shift “roll-call” time can be excluded from overtime calculations based on a collective bargaining agreement. The other addresses how to apply the commissioned-employee overtime exemption when state minimum wage exceeds the federal minimum wage – and what actually counts as commissions. Continue reading
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 resolved.
One letter deals with exempt classifications that appear sound based on job duties but unravel because of how the employee is paid. The other addresses bonus programs that feel discretionary until overtime calculations say otherwise. Continue reading
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. Continue reading
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. Continue reading
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. Continue reading
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. Continue reading
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. Continue reading
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.
It’s one of the few government programs that rewards employers for doing the right thing before getting sued. Continue reading
The Employer Handbook Blog