Tag: FLSA

February 20, 2024

Since 2010, employers covered by the FLSA have been required to provide certain lactation accommodations for nursing mothers so they can express milk at work. The accommodations are required for up to a year after the child’s birth. In 2022, […]

March 14, 2023

A shift differential is extra pay typically given for working nights or a weekend shift. The Fair Labor Standards Act doesn’t require a shift differential to be paid; rather, it’s something the employer and the employee or their representative may […]

March 9, 2023

When the clock strikes 3 a.m. on March 12, talent working night shifts may face hiccups in logging their hours. Because time “springs forward” in March, graveyard shifts that typically include the 2:00 a.m. to 3:00 a.m. stretch of time […]

January 6, 2023

For some employees, getting their work computer up, running, and ready to perform each day is a complicated and time-consuming process. When should an employer pay for that daily process? A Call Center Employee’s Workday Customer Connexx, LLC, operated a […]

October 18, 2022

The 1st U.S. Circuit Court of Appeals affirmed a lower court’s admission of employees’ testimonies to establish the employer’s pay practices by finding that the testimonies represented an adequate sampling of the employer’s workforce. The stonemasonry business is seasonal, starting […]

October 18, 2022

An employee who worked under the H-2A visa program for agricultural workers arguably did not fit within the Fair Labor Standards Act (FLSA) exemption for agricultural employees, according to a 7th U.S. Circuit Court of Appeals decision. Signet Builders Inc. […]

September 16, 2022

The 3rd U.S. Circuit Court of Appeals has reversed a district court’s ruling against an employee who was not hired for a job because the employer, natural gas company GDS, suspected he might plan to participate in a class-action Fair […]

July 8, 2022

Employees hired as business development managers to persuade corporate customers to purchase General Motors (GM) vehicles are exempt and not entitled to overtime, according to the 11th U.S. Circuit Court of Appeals. GM developed a program to use business development […]

February 15, 2022

A Georgia employer recently created more than just a social media buzz with its chosen method of distributing an employee’s final paycheck. Facts Andreas Flaten resigned from his job at A OK Walker Autoworks in Peachtree City in November 2020. […]

November 22, 2021

The FLSA overtime rule determines whether employees are eligible or exempt for overtime pay. Exempt employees, because of their rate of pay and type of work that they do, are not eligible for overtime pay for hours worked over 40 […]

November 1, 2021

Historically, employment practices liability insurance (EPLI) hasn’t covered Fair Labor Standards Act (FLSA) and similar state law claims, so employers shouldn’t mistakenly assume they’ll be reimbursed by EPLI for their wage and hour claims. Nonetheless, employers may be able to […]

September 29, 2021

An employer may require a nonexempt, hourly employee to take an unpaid meal period while engaged in travel time, so long as certain conditions are met, according to the 5th U.S. Circuit Court of Appeals. The meal period is not […]

June 30, 2021

I have two teenage sons, so I’ve watched all that the Marvel Cinematic Universe has to offer. (“Sure, blame it on the kids, dork.” “Shut up, Internal Monologue—this doesn’t concern you.”) This spring, Marvel rolled out its latest offering, The […]

March 16, 2021

With more and more employees working remotely because of the COVID-19 outbreak, you may fairly be wondering whether electronic messages or postings on the company’s intranet system will satisfy government requirements to provide notice to employees about their rights. The […]

March 12, 2021

The U.S. Department of Labor’s (DOL) announcement of plans to rescind final rules related to independent contractors and joint employers should put employers on notice that a less employer-friendly day is coming, attorneys who advise employers say. In announcing the […]

March 5, 2021

It’s a common misconception that employers can’t require exempt employees to work a specific schedule or at least 40 hours a week. An employer may, in fact, do so and remain in compliance with the federal Fair Labor Standards Act […]

February 16, 2021

Many companies annually prepare business goals and establish incentives for employees if the goals are met. One common incentive is the quarterly or annual bonus. While the reward process seems straightforward, it can come with unexpected obligations and complicated calculations […]

December 7, 2020

DOL’s letter may aid in overtime calculations for piece-rate workers under the FLSA. Per agency guidance, employees paid on a piece-rate basis are generally entitled to an additional one-half times their regular rate of pay for each hour over 40 […]

October 27, 2020

The Fair Labor Standards Act (FLSA) mandates the federal minimum wage level and requirement to pay employees overtime for hours in excess of 40 per workweek. While there are many more components to the FLSA, these are two that tend […]

September 23, 2020

On September 22, 2020, the federal Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) regarding rules for employers to follow when classifying a worker as an independent contractor or an employee under the Fair Labor Standards Act […]