On September 22, 2020, the U.S. Department of Labor (DOL) released a long-anticipated proposed rule addressing when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
The Meaning of “Similarly Situated” Is Teed up for SCOTUS
The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a petition for certiorari of a decision by the U.S. Court of
Fifth Circuit Creates Circuit Split on FLSA’s “Regular Rate” Burden, Addresses Inclusion of Bonuses
With specific, limited exceptions set forth in Section 207(e) of its regulations, the Fair Labor Standards Act (FLSA) requires that all compensation provided to a non-exempt employee must be included when determining the employee’s “regular rate” for overtime pay purposes.
DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application
On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry were exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The specific
New DOL Guidance Expands Eligibility for the Commissioned Employee Overtime Exemption
Under the Fair Labor Standards Act, retail or service establishment employees can be exempt from overtime pay requirements if they are paid more than one and a half times the minimum wage and more than half of their compensation is comprised of commissions on goods or services (“commissioned employee”
DOL Issues New Opinion Letters on Fluctuating Workweek Hours Requirement, Other Topics
Continuing the practice it reinstituted during the current administration, on August 31, 2020 the U.S. Department of Labor’s (DOL) Wage Hour Division (WHD) issued four new Opinion Letters, addressing a variety of topics. That brings the total to 57 Opinion Letters issued since 2018, including the re-publication of 17 Opinion
DOL Weighs in on Fluctuating Workweek Method: Employee Hours Do Not Need to Fluctuate Below 40 to Qualify
On August 31, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released opinion letter FLSA2020-14.
Department of Labor Issues Wage and Hour Opinion Letter Regarding Permissible Use of the Fluctuating Workweek Method of Compensation
The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) issued an opinion letter on August 31, 2020 addressing whether the fluctuating workweek method of compensation may be used when an employee’s weekly hours fluctuate only above and not below 40 hours per week. The WHD concluded there is no requirement, under the FLSA or its interpreting regulations and guidance, that an employee’s hours worked fluctuate below 40 hours per week when utilizing the fluctuating workweek method for determining overtime compensation.
Treasury Department Issues Guidance on Payroll Tax Deferral
On August 28, 2020, the U.S.
IRS Notice on Presidential Order Deferring Payroll Tax Obligations Creates Additional Uncertainty
The Internal Revenue Service has issued Notice 2020-65 to provide guidance on the employment tax deferral that is the subject of President Donald Trump’s August 8, 2020, Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster.
Pursuant to the Notice, the due date for the withholding and payment of
DOL Issues Guidance on Tracking Hours Worked by Remote Employees
This week, the federal Department of Labor (DOL) issued a field assistance bulletin explaining employers’ obligations when it comes to tracking compensable hours worked by non-exempt employees who are teleworking during the pandemic. The guidance provides helpful reminders for employers on this subject.
No Personal Jurisdiction Over Out-of-State Employees’ Claims to Certify FLSA Collective Action, Pennsylvania Court Rules
In Weirbach v. Cellular Connection, LLC, a federal district court in Pennsylvania declined to conditionally certify a nationwide collective action under the Fair Labor Standards Act (FLSA) because it found it did not have personal jurisdiction over the claims of employees who lived and worked outside of Pennsylvania.
While district
Trump Signs Payroll Tax Deferral Executive Order
Over the weekend, President Trump signed an executive order purporting to defer the payment of the employee’s share of the Social Security portion of FICA (payroll) tax from September 1, 2020, until December 31, 2020. The order is limited to only the employee’s share of the Social Security portion of
Second Circuit Affirms Use of Fluctuating Workweek Pay Method for ‘Big Box’ Store District Managers
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).
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
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