I love working time cases. And we got a real winner lately. The Third Circuit has recently ruled that clothes-changing time for oil rig workers was compensable. In so doing, the appellate court laid out its framework for determining when
Wage & Hour - Developments & Highlights
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Another State Enacts Legislation To Protect Independent Contractors: A Quickening Trend
There is a general trend in the country to narrow the scope of who can be an independent contractor and to provide such individuals more “rights” concerning their employment, or engagement. More States are passing laws addressing such matters and…
The Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?
Of the three white collar exemptions, the administrative exemption is the vaguest and the hardest for an employer to prove. In an important case, the First Circuit has weighed in on when that exemption applies and held that some employees…
More Interagency Cooperation–Arrangement Between USDOL and The EEOC Will Increase Scrutiny Of Employers!
I have written about the collaborative arrangements, information sharing arrangements, that the USDOL has entered into with state DOLs and how that is a dangerous portent for employers. Well, the landscape has again changed on this front, foreboding more potential…
The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For Employers
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up the very misunderstood issue of what a “salary” really means…
USDOL Changing Manner In Which Davis Bacon Act/Prevailing Wages Are Determined—Tilted Towards The Workers For Sure!
I have handled numerous prevailing wage cases, including dozens under the federal Davis-Bacon Act (DBA) and read with great interest the proposed changes to the decades-old law. The proposed rule will likely set higher rates on DBA construction projects, a…
What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!
As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions to more than $1000 per week. Although that will naturally…
New Proposed FLSA Salary Threshold Just A Starting Point
Sharing my colleague Glenn Grindlinger’s recent alert on the DOL’s proposal to increase salary thresholds for determining when an employee is exempt from overtime. Employers take note, this could mean significantly increased overtime costs and mandates that employers carefully scrutinize…
What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be. In a recent case, a federal appellate court has ruled…
The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!
I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance with the FLSA. Many employers, well-intentioned and seeking to comply…