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FLSA Exemptions And "Overtime Rights"

We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, and "outside salesman" exemptions. For employers, the signs remain ominous.

Under the FLSA, a Day Late is a Dollar Short [Wage & Hour FAQ]

From time to time, we hear from employers that ask us about the consequence of delaying payroll because of cash flow.

Good Things Come To Those Who Document Good Wage & Hour Practices

Remember those Guinness commercials from the early 2000s with the tagline “Good things come to those who wait” (or maybe, if you predate the no-mess squeeze bottles, you remember the Heinz ketchup commercials with the same tagline from the 1980s)? In wage and hour law, good things come to those who document good wage and hour practices.

Senate Bill May Hint at Where White Collar Exemptions are Going

On March 13 of this year, President Obama issued a Presidential Memorandum (“Memorandum”) directing the federal Department of Labor (“DOL”) to modernize regulations governing the “white collar” exemptions from minimum wage and overtime.

Late Payment Resulted In An FLSA Violation

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that:

Are You Secretly Running a Construction Business? State Law Says You Might Be!

I promise that this post isn’t a bad setup to a joke about The Sopranos, the mafia, or being in “waste

Department of Labor Press Release Highlights Heightened Scrutiny of "Per Diem" Payments

Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors. The DOL found that Hutco “mischaracterized certain wages as ‘per diem’ payments and impermissibly excluded these wages when calculating overtime premiums, thus denying employees earned overtime compensation.” This month, the same New Orleans District Office of the DOL’s Wage and Hour Division announced a $1.6 million settlement with another employment agency, B&D Contracting, for “per diem” violations for employees under the FLSA. The continued virtual “perp walks” highlight the heightened scrutiny that DOL is giving per diem payments.

Department of Labor Brief Provides More Guidance on Interns

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns.

Employer May Determine Workweek for Payroll Purposes under FLSA, Federal Court Rules

Under the Fair Labor Standards Act, an employer may use a Monday-through-Sunday “workweek” to calculate overtime pay for employees with work schedules of Thursdays through Wednesdays, the federal appellate court in New Orleans has ruled. Johnson v. Heckmann Water Res. (CVR), Inc., No. 13-40824, 2014 U.S. App. LEXIS 13501 (5th Cir. July 14, 2014).

Department of Labor Plans To Take Next Step in White Collar Exemption Overhaul in November

Earlier this year, President Obama ordered the Secretary of Labor to overhaul the executive, administrative, and professional exemptions under the Fair Labor Standards Act’s overtime and minimum wage requirements.