When nonexempt employees use their personal vehicles to provide delivery services, how much must their employer reimburse them to ensure that the employees are paid at least the minimum wage required by the Fair Labor Standards Act (FLSA)? That is the question that the U.S. Court of Appeals for the
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
Sixth Circuit Rejects Two Methods for Computing Workers’ Vehicle Expenses for Minimum Wage Purposes
The U.S. Court of Appeals for the Sixth Circuit vacated two district court decisions involving how pizza delivery drivers should be reimbursed for vehicle-related expenses under the Fair Labor Standards Act (FLSA). Parker v. Battle Creek Pizza, Inc., No. 22-2119 (Mar. 12, 2024); Bradford v. Team Pizza, Inc., No. 22-3561 (Mar. 12, 2024). The Sixth Circuit panel remanded both cases.
Labor Department Provides Guidance on FLSA Pump-at-Work Protections for School Employees
The U.S. Department of Labor Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). In addition to publishing a Fact Sheet that provides information to employers on protections for nursing employees under the Fair Labor Standards Act (FLSA), the WHD has published guidance for the education industry that includes a recorded webinar and FAQs.
Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA
Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th Cir. March 12, 2024), volunteer attendants at a public golf course were allowed
EntertainHR: The Long Night Brings Long Hours – Lessons in Wage and Hour Law from True Detective Season 4
The long-awaited return of the hit anthology series, True Detective, is finally back.
In True Detective: Night Country, showrunner Issa Lopez places viewers directly in the heart of Alaska during the polar night, a period of complete darkness lasting two full months. During this period
IRS Updates FAQs on 1099-Ks Used for Gig Workers and Others
The IRS recently updated its guidance for completing Form 1099-K, used primarily by “gig” companies providing compensation using payment apps or online marketplaces and for individuals selling goods on online marketplaces such as Etsy. As background, in order to promote greater tax transparency and compliance, in 2008 Congress enacted Internal
2023 Wage and Hour Developments: A Year in Review
This 2023 Year in Review looks at significant wage and hour developments, including agency action, U.S. Supreme Court developments, important appellate court decisions, and state legislative and regulatory changes, including new state minimum wage rates for 2024.
New FAR Council Proposed Rule Would Require Salary Disclosures and Ban Compensation History Inquiries
On January 30, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting.”
Biden Administration Releases Proposed Rule Requiring Disclosure of Pay Information to Applicants and Prohibition of Reliance on Prior Salary History
In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden administration released on Monday, January 29th, a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors from using job applicant’s prior salary history when setting pay and would require federal contractors to post
2024 FLSA Checklist for Employers in the Manufacturing Industry
Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who are not exempt from overtime pay under the Fair Labor Standards Act (FLSA).
2024 State and Major Locality Minimum Wage Updates
Almost half of the states, and several major localities, will increase their minimum wage rates in 2024, with a majority of the changes effective on January 1, 2024. The table below lists state and certain major locality minimum wage increases for 2024—and future years, if available—along with the related changes
Holiday Hotline: Gift Giving
For many, December is a joyful time of year, full of parties, dinners, and decorations. Yet those same festivities make December a busy time of year for us at Shaw Law Group, as we field all kinds of holiday-season-related questions from our clients. This year, we’ll share some of those questions with our faithful blog readers in a December series we’re calling the “Holiday Hotline”! Today, let’s talk about gift giving!
DOL Aims for April 2024 Release of White-Collar Exemption Final Rule
The U.S. Department of Labor (DOL) unveiled its semi-annual regulatory agenda on December 6, 2023, which sets an April 2024 date for release of the agency’s anticipated final rule amending the regulations defining the “white collar” exemptions from the overtime and minimum wage requirements of the Fair Labor Standards Act
Holiday Hotline: Holiday Pay and Policies
For many, December is a joyful time of year, full of parties, dinners, and decorations. Yet those same festivities make December a busy time of year for us at Shaw Law Group, as we field all kinds of holiday-season-related questions from our clients. This year, we’ll share some of those questions with our faithful blog readers in a December series we’re calling the “Holiday Hotline”! Today, we’ll tackle a few questions about holiday pay and policies…
Ninth Circuit: Health Insurance Opt-Out Fees Not Part of Regular Rate for Overtime Purposes
County firefighters and law enforcement officers who opt out of employer- or union-provided health insurance coverage receive a monetary credit each pay period, minus an “opt-out fee” that goes toward the costs of maintaining the insurance plans. Although the final credit received in their pay is part of their regular