We have a “shot and chaser” for you today.
“Shot” is our 2022 blog about an employee whose spiteful employer paid him in pennies – 91,500 of them, covered in oil – to remit his weekly wage of $915. The employee complained to the U.S. Department of Labor.Continue Reading Paying Wages by Pennies is Costly
On February 22, 2023, the U.S. Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, clarifying that, in order to qualify for the highly compensated employee (HCE) exemption from the Fair Labor Standard Act’s overtime mandate, the employee must be paid on a salary basis, and the payment of a daily rate does not constitute a salary.Continue Reading Supreme Court Provides Clarification on the Highly Compensated Employee Exemption’s Salary Requirement
On February 9, 2023, the U.S. Department of Labor issued guidance on how to comply with the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) as to teleworking employees. Although intended for DOL staff, the Field Assistance Bulletin (FAB) provides employers with insight into the DOL’s position on issues arising under these two laws, including: (1) compensation under the FLSA, (2) protections under the FLSA that provide reasonable break time for nursing employees, and (3) eligibility rules for teleworking employees under the FMLA.
In its first opinion letter of 2021, the United States Department of Labor (“DOL”) addressed a hot topic that seems to frequently trip up employers: exemption from the minimum wage and overtime pay requirements under the Fair Labor Standards Act (“FLSA”). The DOL’s opinion letters are official, written opinions by the Department’s Wage and Hour Division that respond to fact-specific scenarios. In this letter, the DOL considered whether account managers employed by a life science products manufacturer are exempt under the FLSA’s administrative employee exemption. Although the DOL’s conclusion is limited to the particular set of facts presented, this letter serves as helpful guidance for any employer that employs individuals in an account manager role.
Continue Reading Are Your Account Managers Properly Classified as Exempt Under the FLSA?
On July 20, 2020, the U.S. Department of Labor issued additional Q&A resources to provide guidance to employers on COVID-19-related issues under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA). While much of the guidance reiterates general principles under each of these laws, they offer some interesting insights on a few issues specific to COVID-19.Continue Reading DOL Provides COVID-19-Related Guidance on FLSA, FMLA and FFCRA
The National Labor Relations Board has now addressed the use of mandatory arbitration agreements following the U.S. Supreme Court’s 2018 decision in Epic Systems v. Lewis, which upheld the enforceability of arbitration agreements containing waivers of the right to bring class or collective actions over employment-related disputes, rejecting the NLRB’s then-position that such waivers violate the National Labor Relations Act (NLRA), as discussed in our prior E-lert.
Continue Reading NLRB Expands Scope of Mandatory Arbitration Agreements
So after a hiatus of many years, the Department of Labor has once again begun issuing opinion letters, which are responses to a particular employer’s situation that offer guidance to all employers on specific issues under the Fair Labor Standards Act. This is quite exciting for employment law nerds like me – and one of these letters highlighted an interesting interaction between the FLSA and disability laws like the Americans with Disabilities Act and analogous state laws. (OK, I know that you’re on the edge of your seat now…)
Continue Reading When the FLSA and the ADA Meet…
On April 9, 2018, the Department of Labor announced the issuance of a Field Assistance Bulletin clarifying the recent amendments to the tip pooling provisions of the Fair Labor Standards Act, which were incorporated in the omnibus budget bill that was passed by Congress on March 21, 2018. Additionally (but without fanfare), the DOL revised its Fact Sheet #15: “Tipped Employees Under the Fair Labor Standards Act (FLSA).” The Bulletin clarifies that employers who pay the full minimum wage to tipped employees may require their participation in tip pools that include workers who are not “customarily and regularly” tipped – an issue that had been subject to significant controversy.
Continue Reading DOL Provides Clarification on FLSA Tip Pooling Amendments
The Department of Labor has issued revised versions of its “Employee Rights Under the Fair Labor Standards Act – Federal Minimum Wage” and “Employee Rights – Employee Polygraph Protection Act” posters, which all covered employers are required to post. Employers must post the revised versions as of August 1, 2016.
Continue Reading Revised Mandatory Fair Labor Standards Act and Employee Polygraph Protection Act Posters Effective August 1, 2016