When the Biden administration issued its final rule related to federally imposed minimum staffing requirements for long-term care facilities (“Final Rule”) on April 22, 2024,[i] it sought to mandate minimum levels of nursing staff, requiring a 24/7 RN on-site requirement, and implementing new requirements related to facility staffing assessments.
Articles Discussing General Topics Under The FLSA.
Healthcare Wage & Hour Issues, Explained
From meal breaks to bonuses, employers in the healthcare industry manage one of the most complex workforces. They also face a spectrum of competing federal and state laws and regulations regarding employees’ wages and hours.
2024 Wage and Hour Developments: A Year in Review
It’s a new year. A new administration. And an uncertain wage and hour terrain. As we watch for what lies ahead, we start with a look back at wage and hour developments in 2024, and where things stand now. Click here to download the 2024 Wage and Hour Developments: A Year in Review.
Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases
In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former employee’s overtime claims under the Fair Labor Standards Act (FLSA), finding her testimony
The Burden of Proof for Wage-Hour Claims
The U.S. Supreme Court recently issued an interesting employment law decision, E.M.D. Sales, Inc., et al. v. Carrera. As with the California Wage Orders and Labor Code, the FLSA contains several overtime exemptions. It is the
Low-Cost Meals, High-Cost FLSA Mistakes: Lessons From the DOL’s Fining of a Minnesota Pizza Restaurant for Wage and Hour Failures
In December 2024, the U.S. Department of Labor (DOL) fined a Minneapolis pizza restaurant for numerous wage and hour violations.
Sixth Circuit Rules Jury Must Decide if FLSA Violations Were Willful
On December 23, 2024, the U.S. Court of Appeals for the Sixth Circuit ruled in Su v. KDE Equine, LLC that whether an employer willfully violated the Fair Labor Standards Act (FLSA) is a fact question best left to the jury. The unanimous Sixth Circuit panel vacated the U.S. District
The Year Ahead 2025: Wage and Hour Considerations
While many anticipate a more business-friendly administration, the appointment of a seemingly pro-labor Republican as Labor Secretary and President Trump’s populist instincts could make it hard to predict what the year ahead will bring for wage and hour law.
Back to the Future for Core Wage + Hour Concerns
“A corollary to the populist instincts of president-to-be Trump [i.e., his possible support for some increase to the federal minimum wage] is this issue about removing taxes on tips. This is something that could certainly happen in 2025 — and it would be the most important effect on the wage and hour practice in the entire time I have been practicing in this area.”
Pay Transparency Reminder: 5 States’ Laws Take Effect in 2025
With the turn of the new year, employers must focus on refining their recruiting and retention efforts to ensure compliance with a handful of new pay transparency laws, specifically in Illinois, Minnesota, Vermont, Massachusetts, and New Jersey. The Illinois and Minnesota requirements became effective on January 1, 2025. The Vermont,
Can Your Organization Weather the Storm? Wage and Hour Concerns for Employers During Inclement Weather
When winter storms strike, businesses often face the challenging decision of whether to shut down operations to ensure the safety of their employees—bringing a host of wage and hour issues to the forefront. During unexpected closures, employers face considerations such as whether employees are entitled to be paid under the
Pay Transparency Laws – Do they Apply to Your Remote Workers?
According to recent study by the U.S. Bureau of Labor Statistics, 1 in 5 workers teleworked or worked from home for pay, with a variety of consumer polls indicating up to 90% of individuals in the workforce would prefer the option to work from home (at least in part).
Tipping the Scale: The New 80/20 Rule
Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead
On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of Labor (DOL), which restricts when employers can use the tip credit for tipped
Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers
In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the U.S. Court of Appeals for the Fifth Circuit. Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024). The appeals court vacated the rule, voiding the provision nationwide.