Wage and Hour Defense Blog

Insight and Commentary on Wage and Hour Law Developments Affecting Employers

Blog Authors

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Maxine Adams

Matthew Savage Aibel

Carrie Anderer

Latest from Wage and Hour Defense Blog

Wage and Hour Defense Blog

Court Invalidates Portion of U.S. DOL’S Business-Friendly Joint Employer Final Rule

By Jeffrey H. Ruzal

September 11, 2020

On September 8, 2020, a federal district court struck down the U.S. Department of Labor’s (“DOL”) Final Rule on joint employer liability, concluding that the Rule violated the Administrative Procedure Act (“APA”) by impermissibly narrowing the definition of joint employment under the Fair Labor Standards Act (“FLSA”), departing from the DOL’s prior interpretations on joint employment without adequate explanation, and otherwise being arbitrary and capricious. We previously blogged about the details of the Final Rule…

Wage and Hour Defense Blog

U.S. Department of Labor Issues Opinion Letters on the Retail or Service Establishment, Highly Compensated Employee, and Professional Exemptions, as Well as Vehicle Reimbursements and Fluctuating Workweek

By Adriana S. Kosovych & Carly Baratt

September 11, 2020

At the end of August, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued four new opinion letters addressing various issues arising under the Fair Labor Standards Act (“FLSA”). The topics covered include the retail or service establishment, highly compensated employee, and professional exemptions; reimbursing non-exempt employees for required use of a personal vehicle; and the fluctuating workweek method of calculating overtime pay. These opinion letters offer a helpful overview of key FLSA…

Wage and Hour Defense Blog

Fifth Circuit Concludes Employees Must Prove That a Bonus Payment Should Be Included in FLSA Regular Rate

By Garen E. Dodge

September 11, 2020

In a case of first impression for the Fifth Circuit Court of Appeals, a Fifth Circuit panel has ruled that it is the employee, not the employer, who has the burden to establish that bonus payments are non-discretionary and, therefore, must be included in the regular rate of pay for computation of overtime under the Fair Labor Standards Act (“FLSA”). Joshua Edwards, et al. v. 4JLJ LLC, et al., Case Number 19-40553 (5th Cir. September …

Wage and Hour Defense Blog

Ninth Circuit Concludes That Apple Retail Employees Are Entitled to Summary Judgment on Exit Search Claim

By Kevin R. Vozzo

September 10, 2020

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Many employers with operations in California may already be familiar with Frlekin v. Apple, Inc. The heavily litigated case, first filed in 2013, involves claims that Apple retail employees are entitled to compensation for time spent waiting for and undergoing mandatory exit searches. The Ninth Circuit has now concluded that those employees are entitled to be paid for that time, holding that they are entitled to an award of summary judgment in their favor. …

Wage and Hour Defense Blog

Webinar Video: Wage & Hour – Returning to Work – Class Action Avoidance Series

By Epstein Becker & Green, P.C.

September 10, 2020

In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorney Paul DeCamp discusses wage and hour issues that could arise from transitioning out of the work-from-home reality so many businesses have faced and into the return-to-work phase. Employers across the country should focus on creating a safe working environment. Certain states and localities have required that employers bringing employees back to the workspace provide or pay for any mandatory personal protective equipment…

Wage and Hour Defense Blog

California Adds More Exemptions to Controversial Independent Contractor Statute

By Michael S. Kun

September 8, 2020

We have written frequently here about AB5, California’s controversial law that creates an “ABC” test that must be satisfied in order for a worker to be treated as an independent contractor. As we explained here, AB5 codified and expanded the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court for determining whether workers in California should be classified as employees or as independent contractors. While the statute was unambiguously…

Wage and Hour Defense Blog

Webinar Video: Wage & Hour – Expense Reimbursement – Class Action Avoidance Series

By Epstein Becker & Green, P.C.

September 4, 2020

In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorney Michael S. Kun addresses potential wage and hour class actions related to expense reimbursement for employees working from home during the COVID-19 pandemic. Many employers may have employees working from home for the first time—or at least have employees in certain job categories doing so for the first time. Even employees who sometimes worked from home previously may be doing so for…

Wage and Hour Defense Blog

Webinar Video: Wage & Hour – Working from Home – Class Action Avoidance Series

By Epstein Becker & Green, P.C.

September 2, 2020

In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorney Jeffrey H. Ruzal discusses wage and hour issues that could result from “work from home” policies and practices on account of the ongoing COVID-19 pandemic. As fall approaches, businesses are deciding whether to fully reopen, maintain a largely remote workplace, or provide employees with the option of working in the workplace or at home through a hybrid approach. Recent reports and surveys…

Wage and Hour Defense Blog

Time Is Money: A Quick Wage-Hour Tip on … Teleworking

By Maxine Adams

August 28, 2020

Given the ongoing considerations businesses face with the COVID-19 health crisis, many employers have increased the amount of teleworking for employees, including many roles that ordinarily would not telework. As the COVID-19 health crisis has progressed, employers have continued to extend their teleworking policies while other employers are gearing up to reopen offices. With these ongoing health risks, it is important for employers to review their teleworking policies and practices to ensure that they are…

Wage and Hour Defense Blog

Ninth Circuit Conclusion That Amazon Delivery Drivers Don’t Need to Arbitrate Their Claims Under FAA’s “Transportation Worker” Exemption Highlights Conflict Among Courts

By Michael S. Kun

August 24, 2020

Given the ever-increasing number of wage-hour class and collective actions being filed against employers, it is no surprise that many employers have turned to arbitration agreements with class and collective action waivers as a first line of defense, particularly after the United States Supreme Court’s landmark 2018 Epic Systems v. Lewis decision. If there is a common misconception about Epic Systems, however, it is that the Supreme Court concluded that all arbitration agreements with all…

Wage and Hour Defense Blog

Insight and Commentary on Wage and Hour Law Developments Affecting Employers

Blog Authors

Court Invalidates Portion of U.S. DOL’S Business-Friendly Joint Employer Final Rule

U.S. Department of Labor Issues Opinion Letters on the Retail or Service Establishment, Highly Compensated Employee, and Professional Exemptions, as Well as Vehicle Reimbursements and Fluctuating Workweek

Fifth Circuit Concludes Employees Must Prove That a Bonus Payment Should Be Included in FLSA Regular Rate

Ninth Circuit Concludes That Apple Retail Employees Are Entitled to Summary Judgment on Exit Search Claim

Webinar Video: Wage & Hour – Returning to Work – Class Action Avoidance Series

California Adds More Exemptions to Controversial Independent Contractor Statute

Webinar Video: Wage & Hour – Expense Reimbursement – Class Action Avoidance Series

Webinar Video: Wage & Hour – Working from Home – Class Action Avoidance Series

Time Is Money: A Quick Wage-Hour Tip on … Teleworking

Ninth Circuit Conclusion That Amazon Delivery Drivers Don’t Need to Arbitrate Their Claims Under FAA’s “Transportation Worker” Exemption Highlights Conflict Among Courts

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