Category Archives: FLSA/Overtime

Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading

Posted in Compensation, Employee Policies & Procedures, Employment Contracts, FLSA/Overtime, Hiring, HR, Interstate Operations, Joint-Employer, Labor Relations, New York, NLRB, Unions, Wage and Hour | Leave a comment

U.S. Department of Labor Cracks Down on Overtime Violations with $18M Halliburton Settlement

The U.S. Department of Labor (DOL) demonstrated the seriousness of its focus on overtime pay violations with a record-setting recovery of more than $18.3 million in wages the agency determined was due to more than 1,016 employees of Halliburton, the … Continue reading

Posted in DOL, Employee Classification, Fair Labor Standards Act, FLSA/Overtime, Overtime, Wage and Hour | Leave a comment

Four Legal and Managerial Priorities When Implementing a Remote Workforce Strategy

As more Americans have embraced a “mobile” technology culture, many employers have embraced the cultural shift and begun utilizing a remote workforce. Opinions regarding the benefits and drawbacks of the virtual office and remote workplace abound among workers and businesses … Continue reading

Posted in ADA, BYOD, Data Security, Employee Policies & Procedures, Fair Labor Standards Act, FLSA/Overtime, FMLA, Interstate Operations, Medical Leave, Privacy, Wage and Hour | Leave a comment

Latest FLSA and EEOC Changes Drive Dramatic Shifts in Overtime, Classification and Discrimination

The summer of 2015 continues to be a busy time for federal agencies with responsibility for regulating employment matters. The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) issued new interpretations of key employment principles that are … Continue reading

Posted in Discrimination, DOL, EEOC, Employee Classification, Employee Policies & Procedures, FLSA/Overtime, Independent Contractors, Overtime | Leave a comment

Companies Must Consider Impact on Culture, Compensable Time with Employee Security Searches, Particularly In California

On December 9, 2014, the United States Supreme Court issued a much-anticipated decision in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), holding that the time warehouse workers spend undergoing security searches before leaving each day is … Continue reading

Posted in California, Compensable Time, Fair Labor Standards Act, FLSA/Overtime, Wage and Hour | Tagged , , , , , , | Leave a comment

Proposed DOL Changes May Set the Stage for Overtime Shift with Salaried Employees

New regulations pertaining to overtime pay proposed by the Obama administration may force many employers to correct a longstanding assumption about employee classification, particularly as they come to terms with changes that will significantly expand employee eligibility for overtime pay.

Posted in DOL, Employee Classification, FLSA/Overtime, Overtime, Wage and Hour | Tagged , , , , | Leave a comment

Mandatory Security Checks Not Compensable Time Under FLSA

On December 9, 2014, the United States Supreme Court released a decision holding that employees working in Amazon.com’s warehouses were not entitled to compensation under the FLSA for time spent going through mandatory security checks at the end of their … Continue reading

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5th Circuit Says Franchisor’s Advice Does Not Create An Employment Relationship

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit provided franchisors with some ammunition in employment suits raised by a franchisee’s employees.  In a Fair Labor Standards Act claim raised by a franchisee’s employee in Texas, … Continue reading

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Ninth Circuit Revives FLSA Exempt Classification Class Action

The Ninth Circuit issued an opinion Monday reviving a class action brought by store managers of the auto-parts store, AutoZone, alleging that they were misclassified as exempt employees and denied overtime pay when the majority of their duties were identical … Continue reading

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Glatt v. Fox Searchlight Pictures – Interns are Employees Too

In an uncharacteristic ruling, the district court for the Southern District of New York held that unpaid interns can receive employee protections under the Fair Labor Standards Act. The court held that Fox Searchlight Pictures’ (“Searchlight”) control over the production … Continue reading

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Mandatory Park And Ride Scheme Not Compensable Work Time Under FLSA

On January 11, 2013, the U.S. Court of Appeals for the Fifth Circuit found that an employer’s refusal to pay employees for travel time incurred during a mandatory park and ride scheme was not a violation of the Fair Labor … Continue reading

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Broader Interpretation Of Executive Exemption Upheld By Second Circuit

Nightshift warehouse team captains were denied unpaid overtime when the Second Circuit Court of Appeals affirmed a decision that broadens the “executive” exemption under the Fair Labor Standards Act.  As noted in the Connecticut Employment Law Blog, the executive exemption … Continue reading

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Pharmaceutical Representatives Qualify as Outside Salesmen

On Monday, the U.S. Supreme Court ruled 5 – 4 that drug company representatives will continue to be classified as exempt under the “outside salesmen” exemption to the Fair Labor Standards Act.  More after the break.

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Illinois Employee Fired For Working During Lunch Break Generates Press

A receptionist in Chicago, Illinois was terminated by her employer for clocking out for her lunch break and continuing to work and was eventually awarded unemployment benefits.  The case has generated a significant amount of press and television coverage, but … Continue reading

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Supreme Court Refuses To Hear Tip Credit Case

Servers and bartenders employed at Applebee International, Inc.’s restaurants brought a class action suit under the Fair Labor Standards Act (FLSA) based on Applebee’s use of the “tip credit” to calculate their wages for purposes of meeting the minimum wage … Continue reading

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