Littler Mendelson, P.C. • March 12, 2014
In a pair of appeals that will have significant implications for employers that utilize the fluctuating workweek (FWW) method of calculating overtime compensation, the U.S. Courts of Appeals for the Second and Sixth Circuits are considering whether the payment of incentive compensation (in addition to fixed weekly salary) is incompatible with the FWW method. Nothing says “no good deed goes unpunished” quite like a claim that the payment of additional compensation invalidates an otherwise lawful compensation plan.
Jones Walker • March 11, 2014
First, here's a primer on Temporary Protected Status ("TPS"), a humanitarian designation. United States Citizenship and Immigration Services ("USCIS") grants TPS to certain countries where conditions temporarily prevent its nationals who have left and come to the United States from returning safely to their home country.
Ogletree Deakins • March 07, 2014
On Monday, March 3, 2014, the Supreme Court of the United States agreed to decide whether a company was required to pay overtime compensation to its workers for the time they spent passing through a security clearance at the end of each shift. In a case on appeal from the Ninth Circuit Court of Appeals, the workers claimed that their employer violated the federal Fair Labor Standards Act (FLSA) and state labor laws by failing to pay them for the time they spent in security screenings that the company used to prevent theft.
Littler Mendelson, P.C. • March 07, 2014
The U.S. Supreme Court granted certiorari on March 3, 2014, in the matter styled Integrity Staffing Solutions v. Busk, to review the compensability of time spent in security screening under the Fair Labor Standards Act (FLSA). At issue is the recent decision from the Ninth Circuit holding that employees can state a claim under the FLSA for an employer’s failure to compensate them for time spent in pre or post shift security screening. Busk et al. v. Integrity Staffing Solutions, Inc., 713 F.3d 525 (9th Cir. 2013). The question is of great import for the nation’s employers as security screening is becoming an ever more common practice in the workplace. Indeed, the Ninth Circuit’s determination in Busk has already triggered a spate of class-action suits filed by employees seeking back-pay for time spent undergoing pre or post shift security measures. If allowed to stand, the Ninth Circuit’s determination could result in massive retroactive liability stemming from such suits.
Fisher & Phillips LLP • March 03, 2014
We have long warned that one should not simply assume that an internship associated with or sponsored by an educational institution falls outside of the federal Fair Labor Standards Act's requirements. Our caution includes situations in which the intern receives academic credit for the time so spent.
Littler Mendelson, P.C. • February 28, 2014
On March 3, 2014, the U.S. Court of Appeals for the Ninth Circuit is set to hear oral argument in two cases addressing whether California’s meal and rest break requirements are preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA) when applied to motor carriers. The cases are Dilts v. Penske Logistics, LLC, and Campbell v. Vitran Express.
FordHarrison LLP • February 17, 2014
Executive Summary: On February 12, 2014, President Obama signed an Executive Order raising the minimum wage for employees who work on procurement contracts for services or construction to $10.10 per hour.
Constangy, Brooks & Smith, LLP • February 17, 2014
As promised in his State of the Union address, President Obama signed an Executive Order establishing a minimum wage for certain federal contractors on Wednesday, February 12. This new $10.10 minimum wage rate will go into effect on January 1, 2015, and the Department of Labor is required to issue implementing regulations by October 1, 2014.
Franczek Radelet P.C • February 17, 2014
On February 12, 2014, President Obama increased the minimum wage for federal contractors and subcontractors by an Executive Order to $10.10 per hour. This announcement comes on the heels of 13 states and four cities that also raised their own state and local minimum wages in 2014. Effective January 1, 2015, the federal contractors’ minimum wage will be the highest minimum wage in the country.
Ogletree Deakins • February 14, 2014
In part one of this two-part series on garnishments, I discussed the consequences employers face if they mishandle garnishment orders. In part two, I address one of the hurdles that employers face when trying to comply with garnishment orders, namely, the variation in garnishment laws from state to state.