Jackson Lewis P.C. • April 21, 2017
The Fifth Circuit granted the government’s request for additional time to file its final reply brief in the pending appeal of a nationwide injunction issued by a Texas District Court Judge, blocking the DOL’s controversial overtime rule raising the required salary level for the white collar exemptions.
As a recent appeals court ruling illustrates, paying an employee a lot of money does not necessarily guarantee that he will be exempt from overtime requirements.
Jackson Lewis P.C. • April 18, 2017
The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from $23,660 to $47,476. The final reply brief was scheduled to be filed on May 1, 2017, after two earlier requests for an extension. Now the government has asked for an additional 60 days, until June 30, 2017, to file the reply brief.
Ogletree Deakins • April 18, 2017
The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor costs by subcontracting out work, and highlights the importance of carefully choosing business partners and subcontractors in order to avoid wandering into wage and hour violations. In formulating the test, the court relied upon Congressional intent to define “employer” expansively under the FLSA and set aside decades of precedent from sister circuits and their progeny. Salinas v. Commercial Interiors, Inc., No. 15-1915 (January 25, 2017).
Brody and Associates, LLC • April 17, 2017
In a decision published January 25, 2017, a Fourth Circuit Court of Appeals panel revived a collective action in which a group of drywall installers sought overtime wages from the contractor who hired their employer – the subcontractor. The outcome is a new circuit wide test for determining whether a joint employer relationship exists.
Fisher Phillips • April 12, 2017
The U.S. House of Representatives is now actively considering the "Working Families Flexibility Act of 2017" (H.R. 1180), which would amend the federal Fair Labor Standards Act to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation. It is essentially the same as a measure that passed the House in 2013.
Nexsen Pruet • April 12, 2017
Security apps, passwords, and slow computers can delay the start of the workday for many of us by one to six minutes. For non-exempt employees, this can become an issue. Office employees who clock in using their work computers may not be able to do so until after they boot up the machine, and they may clock out before certain programs are closed and they have logged out. In light of this daily routine, is an employer required to compensate the employee for this “boot up” or “shut down” time?
Fisher Phillips • April 05, 2017
Employers sometimes discover that, due to mistake, inadvertence, misunderstanding, or a lack of knowledge, they have not paid all of the wages required under the federal Fair Labor Standards Act. In many instances, this does not occur in the context of a lawsuit or a U.S. Department of Labor compliance audit. Instead, management learns this as the result of, for example, an internal review.
Littler Mendelson, P.C. • March 31, 2017
March madness is not limited to college basketball. This month has also seen numerous minimum wage proposals introduced and considered at the local and state levels. Local and state officials continue to battle over who gets to set the minimum wage. There have been a number of minimum wage rulings by state supreme courts since February’s Wage Watch. And we are only one quarter of the way through 2017.
Jackson Lewis P.C. • March 31, 2017
An online ticket broker that sells tickets to concerts, sporting events, and the theater qualifies as a “retail or service establishment” under Section 207(i) of the Fair Labor Standards Act (“FLSA”), Judge John Lee of the United States District Court for the Northern District of Illinois held. Blahnik v. Box Office Ticket Sales, LLC, 2017 U.S. Dist. LEXIS 45158 (N.D. Ill. Mar. 28, 2017).