Articles Posted in Wage and Hour


Last week, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA), which I wrote about here.

This week, I’m co-presenting “Independent Contractor Update – How Am I to Determine if I Am Compliant?”

And all of you are invited. Continue reading


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 night, I read a news release from the U.S. Department of Labor that helps put this into perspective.

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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 employee is a fact-specific. The ultimate determination turns on the “economic reality” of the relationship between the parties involved.

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Chances are, if one of your employees complained externally about discrimination, the U.S. Equal Employment Opportunity Commission was all up in your company’s business. Perhaps your business has had the not-so-good fortune of undergoing a Fair Labor Standards Act or Family and Medical Leave Act audit from the U.S. Department of Labor.

Late last week, the two federal watchdogs announced a partnership. Continue reading

Bobby Blotzer Ratt in Houston October 2016

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 Standards Act.

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“Doing What’s Right – Not Just What’s Legal”
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