The application of a key Supreme Court decision remains an important issue for multi-state employers defending federal collective action wage and hour claims – but are we any closer to getting clarity on what remains a frustrating patchwork standard? Many
Wage and Hour Laws Blog
Blog Authors
Latest from Wage and Hour Laws Blog
FLSA Evolution Reflects Employer-Friendly Shift
Wage and hour litigation is not only alive and well in the U.S., but has actually been increasing at an exponential rate in the last 10 years. This popularity is in large part due to the Fair Labor Standards Act’s…
Fisher Phillips Victory Serves As First Blow In One-Two Punch Against Strict Reading Of Vehicle Reimbursement Law
In a win secured by members of Fisher Phillips Wage and Hour Law Practice Group, a Colorado federal court just held that employers may “reasonably approximate” vehicle-related expenses for reimbursement purposes under federal wage law. The August 26 decision deals…
DOL’s Fluctuating Workweek Opinion Letter Leaves Us With Unanswered Questions
By Marty Heller
The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter today addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below 40 hours for an employer…
Pennsylvania Federal Court Becomes Latest To Exclude Out-Of-State Plaintiffs From FLSA Collective Actions
Federal courts across the country have been split on the issue of whether a court can exercise personal jurisdiction over out-of-state plaintiffs who want to opt-in into a Fair Labor Standards Act (FLSA) collective action. The Eastern District of Pennsylvania…
"Outside Salesman": Two Simple Words Make for One Complex Exemption
By Ted Boehm
Two recent USDOL opinion letters examine the contours of the FLSA’s “outside salesman” exemption, providing helpful information to employers regarding an exemption that may appear simple and straightforward at first glance.
Labor Department Announces Double Damages Reprieve For Employers
USDOL announced that, effective July 1, it will not seek liquidated damages in FLSA investigations as a matter of course.
Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek
By Seth Kaufman
Second Circuit rejected plaintiffs’ attempt to let a few anomalous weeks tarnish the proper use of the FLSA’s fluctuating workweek, and, in doing so, handed employers a useful defense tool in these and similar cases.
“Bonus Material” – A Deeper Dive Into The U.S. Department of Labor’s Final Regulations on the Fluctuating Workweek
By Marty Heller
USDOL’s final rule recognizes that employees paid under the FLSA’s fluctuating workweek method can receive commissions, weekend pay, etc. – with some caveats.
FLSA Commissioned-Employee 7(i) Exemption – USDOL Clarifications Go Straight to Final
USDOL’s Wage and Hour Division has clarified an aspect of the FLSA’s 7(i) exemption and simultaneously reminded all that the principles, not lists and examples, control.