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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.

Here We Go Again—Significant Threat of Automatic Debarment from Government Contracts Slipping in Under the Wire!

Two weeks ago, the U.S. House of Representatives passed, by voice vote, a little-understood and little-noticed amendment to the Fiscal Year 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. 4923) that would debar large federal contractors that have been found to have violated the Fair Labor Standards Act (FLSA) within the past five years. “Debarment” is a sanction imposed for violations of law that prohibits cited contractors from doing business with the federal government for a length of time.

House Hearing Focuses on Federal Wage & Hour Enforcement

Members of the House Subcommittee on Workforce Protections held a hearing on Wednesday to discuss the exponential rise in Fair Labor Standards Act (FLSA) litigation, and the Department of Labor's employer compliance assistance efforts. According to Subcommittee Chairman Tim Walberg (R-MI), the FLSA and its regulations are "exceptionally complex and outdated . . . promot[ing] the interests of trial lawyers" over employees. Moreover, the "patchwork of conflicting interpretations and a complex regulatory structure have created an environment of legal uncertainty."

Captain Obvious Issues Most Obvious FLSA Decision of 2014 (So Far...)

If you have been anywhere near a TV or radio over the past few months, you have probably seen or heard the ads for Hotels.com featuring Captain Obvious. If you’re from the Midwest, and Indiana in particular, it has probably crossed your mind whether the Bob and Tom Show’s Mr. Obvious and Captain Obvious are somehow related. Well, maybe