Concluding that the company properly used the fluctuating workweek (FWW) pay method, the Second Circuit Court of Appeals has affirmed summary judgment in favor of retailer Bed Bath & Beyond in a Fair Labor Standards Act (FLSA) collective action brought by a group of former district managers. Thomas v. Bed Bath & Beyond, 2020 U.S. App. LEXIS 18747 (2d Cir. June 15, 2020).
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults
On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more than 50 [percent] of gross revenue from such sales.” The DBPR issued the order due in part to
A Temperature Check on States’ Reporting Time Pay Requirements in the Era of COVID-19
As many states ease their shelter-in-place orders across the country, businesses are slowly reopening to the public. Although businesses are anxious to open their doors, as employers, they are grappling with how to comply with local requirements and precautions for reopening. Many employers are required to, or may want
Fluctuating Workweek Redux: Department of Labor Finalizes Revised Methodology
On June 8, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its revised fluctuating workweek methodology regulation for calculating overtime in the Federal Register. The new final rule goes into effect on August 7, 2020.
WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (COVID-19 Catch-Up / Mid-Year Rate Edition)
For the past few months, we have been keeping a very safe distance from each other: thousands of miles. However, as more businesses reopen across the country, we realize it is time to come together (virtually) to discuss an additional challenge some employers might face in the coming weeks:
Reopening Florida: The Step-by-Step Plan for Florida’s Recovery
The impacts of COVID-19 have been felt in every corner of Florida and have dramatically affected the way that we do business, the way we interact, and the way we live. This article offers guidance on Florida’s progress toward loosening COVID-19 restrictions. We begin by briefly tracing the history
When Children and Work Collide: Employer Considerations for Workers Handling Childcare Challenges
Childcare is an essential component of any return-to-work plan. Without it, employees may assert that they are unable to return to work or may seek to continue to work remotely.
DOL Green Lights Bonuses for Employees with Fluctuating Work Schedules
Originally posted on our Wage and Hour Insights Blog The U.S. Department of Labor (DOL) has issued a final rule under the Fair Labor Standards Act (FLSA) expressly authorizing employers to offer bonuses, hazard pay, and other premiums to employees whose hours, and regular rate […]
DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act
On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other premium payments—made in addition to the salary are compatible with the use of the fluctuating workweek method
DOL Revised Section 7(i) Exemption Regulations: Is Your Company a Retail or Service Establishment?
Does an employer’s business qualify as a “retail or service establishment” for the purpose of satisfying the exemption requirements of section 207(i) of the federal Fair Labor Standards Act? The answer to this question might have just changed based on the Department of Labor’s (DOL) recent regulatory action.
Fifth Circuit Reverses Course, Concludes That “Day Rate” Pay Method Fails to Satisfy FLSA’s “Salary Basis” Test for Overtime Exemptions
Upon further reflection, a panel of the U.S. Court of Appeals for the Fifth Circuit has determined that paying an employee a set amount for each day that he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the
Limousine Service Employee Was Properly Classified as Exempt, Second Circuit Holds
Upholding a jury verdict in favor of the defendant “black car” (limousine service) company, the U.S. Court of Appeals for the Second Circuit concluded that the plaintiff-employee was properly classified as overtime-exempt under both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Suarez v. Big Apple
FLSA Collective Action Trimmed Because Court Lacked Specific Jurisdiction
A Minnesota federal district court recently denied FLSA conditional certification over the claims of workers who were not assigned to a Minnesota project at issue or not Minnesota residents due to specific jurisdiction considerations. Vallone et al. v. The CJS Solutions Group, LLC, No. 19-1532 (D. Minn. Feb. 5, 2020).
2019 Wage & Hour Developments: A Year in Review
Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009.
CDC Issues Interim Guidance to Help Employers Plan and Respond to Coronavirus Disease
This month, the Center for Disease Control and Prevention (“CDC”) published Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (officially named COVID-19 by the World Health Organization) to help prevent workplace exposures to acute respiratory illnesses, including COVID-19. While much is unknown about COVID-19 and how the disease spreads, COVID-19 is spreading person-to-person in China and some limited person-to-person transmission has been reported in other countries, including the U.S.
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