FLSA

Big Bucks Supervisor Scores Overtime Win
March 6, 2023
Many employers labor under the misconception that a highly paid employee is necessarily exempt from the overtime requirements of the Fair Labor Standards Act.
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No, You May Not Pay Your Workers In Chicken Sandwiches…
March 2, 2023
Or, really, in anything other than money. That was the lesson learned by a Chick-Fil-A franchise recently, as the U.S. Department of Labor recently announced.
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Supreme Court Provides Clarification on the Highly Compensated Employee Exemption’s Salary Requirement
February 22, 2023
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.
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The DOL Issues Guidance on Telework
February 16, 2023
On February 9, 2023, the U.S. Department of Labor issued guidance on how to comply with the Fair Labor Standards Act  and Family and Medical Leave Act as to teleworking employees.
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Eleventh Circuit Distinguishes “Service Charges” From “Tips” Under the FLSA
September 1, 2022
In Compere v. Nusret Miami, LLC, a case of first impression, the United States Court of Appeals for the Eleventh Circuit recently addressed the question of whether mandatory service charges imposed by restaurants are “tips” under the Fair Labor Standards Act.
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Hack of Payrolls Company Reveals Employer Liability
April 22, 2022
Recent collective actions alleging wage and hour violations by companies using a payroll provider who was hacked offer a stark warning to companies that use payroll providers.
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Correctly Calculating the FLSA Regular Rate - A Common Pitfall of the FLSA
November 23, 2021
The Fair Labor Standards Act mandates that non-exempt employees be paid one and one-half times their regular rate for all hours worked over forty (40) in a given workweek. However, calculating overtime pay correctly can be tricky when an employee works at two or more different rates during a single workweek.
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Deducting Non-Exempt Employee Meal-Breaks While Traveling: Eleventh Circuit Serves-Up Heartburn for Employers
October 21, 2021
Recently, two federal courts of appeals could not agree on what seems to be a straightforward question: Can an employer deduct for a meal break when traveling employees have no other duties while in transit?
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Back to the Future - DOL Rescinds FLSA Joint Employer Rule
August 10, 2021
President Biden now has erased two Trump-era Department of Labor rules that addressed issues fundamental to the application of the federal Fair Labor Standards Act.
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Are Your Account Managers Properly Classified as Exempt Under the FLSA?
February 3, 2021
In its first opinion letter of 2021, the United States Department of Labor addressed a hot topic that seems to frequently trip up employers.
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Pay Me Now, or Pay Me Later? Wages Paid for Anticipated Overtime are Excludable from Employees’ Regular Rate
January 5, 2021
The Department of Labor released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor Standards Act and whether such overtime payments are excludable from the regular rate.
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New York Court Vacates Portion of DOL’s Joint Employer Rule
September 10, 2020
On September 8, 2020, U.S. District Court Judge Gregory Woods of the Southern District of New York, issued a Memorandum Opinion and Order vacating various portions of the Department of Labor’s Final Rule regarding the definition of joint employment under the Fair Labor Standards Act.
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