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Home > Federal Law Articles > FLSA > General (FLSA)

Articles Discussing General Topics Under The FLSA.

5th Circuit Says No to FLSA Misclassification Claim

March 4, 2021 | Jones Walker Filed Under: General (FLSA)

Southeast Employment Law Letter, Vol. 2, No. 3

When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases

March 4, 2021 | Ogletree Deakins Filed Under: General (FLSA)

On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck another blow against unreasonable plaintiffs’ counsel seeking “reasonable” fees.

Vaccine Volunteers: Is “Thank You” Sufficient Compensation?

February 24, 2021 | Ogletree Deakins Filed Under: General (FLSA)

The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a workweek and time and one-half for all hours worked over 40 hours in the same workweek. An exception to this rule exists for volunteers,

Littler Lightbulb: Wage and Hour Developments During the First Month of the Biden Administration

February 23, 2021 | Littler Filed Under: General (FLSA)

Littler

It has been just one month since the inauguration of Joseph Biden as the 46th president of the United States, and he has been moving quickly to change the wage and hour landscape. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during

9th Circuit Per Diem Case

February 22, 2021 | Shaw Law Group, PC Filed Under: General (FLSA)

If you pay employees a “flat” or automatic amount for reimbursement of their expenses, such as cell phone and internet charges, this new 9th Circuit case is important:  https://cdn.ca9.uscourts.gov/datastore/opinions/2021/02/08/19-55784.pdf. 

A Reminder for Employers About W-2 Phishing Scams

February 11, 2021 | Jackson Lewis Filed Under: General (FLSA)

Jackson Lewis

For the past several years, thousands of businesses have been hit with phishing scams during tax season. Through these social engineering scams, hackers obtain employee Forms W-2 for filing fraudulent tax returns seeking large refunds. These phishing emails are typically sent as clients begin the process of issuing W-2s to

Employers Will No Longer Get PAID

February 2, 2021 | Jackson Lewis Filed Under: General (FLSA)

Jackson Lewis

On January 29, 2020, the U.S. Department of Labor (DOL) announced that it was abandoning the Payroll Audit Independent Determination (PAID) program, effective immediately. PAID was introduced in 2018 as a self-audit program, designed to allow an employer who uncovered potential Fair Labor Standards Act (FLSA) wage violations to voluntarily

Prevailing Wage Rule Delayed 60 Days

January 29, 2021 | Jackson Lewis Filed Under: General (FLSA)

Jackson Lewis

According to a draft scheduled for publication in the Federal Register on February 1, 2021, the Biden administration plans to delay the effective date of the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule (Prevailing Wage Rule) for 60 days while

Case-by-Case Analysis for the Creative Professional Exemption Applies to All Journalists, Regardless of Employer Size

January 22, 2021 | Littler Filed Under: General (FLSA)

Littler

On January 19, 2021, the U.S. Department of Labor (DOL) released an opinion letter analyzing the application of the Fair Labor Standards Act (FLSA) creative professional exemption to journalists.   

2020 Wage & Hour Developments: A Year in Review

January 22, 2021 | Jackson Lewis Filed Under: General (FLSA)

Jackson Lewis

The laws governing wages and hours of work affect nearly everyone—and have a significant affect on class and collective actions. How employees are paid, whether as hourly non-exempt, salaried-exempt, tipped, or commissioned sales workers, and how much they are paid, are questions of deep interest to employees and employers alike.

DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters

January 21, 2021 | Littler Filed Under: General (FLSA)

Littler

On January 19, 2021, the U.S. Department of Labor issued four new opinion letters.

The DOL Releases Opinion Letters Regarding the Participation of Hosts and Hostesses in Tip Pools and the Proper Calculation of Overtime for Certain Tipped Employees

January 19, 2021 | Ford Harrison Filed Under: General (FLSA)

On January 15, 2021, the U.S. Department of Labor’s Wage and Hour Division released two opinion letters providing guidance on two respective issues pertaining to tipped employees.

2020 Wage & Hour Developments: A Year in Review

January 19, 2021 | Jackson Lewis Filed Under: General (FLSA)

Jackson Lewis

In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others.  In “2020 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal and state level. 

Fifth Circuit Sets New Standard for Certifying FLSA Collective Actions

January 18, 2021 | Ogletree Deakins Filed Under: General (FLSA)

On January 12, 2021, the Fifth Circuit Court of Appeals issued a landmark decision rewriting the rules for obtaining certification in collective actions under the Fair Labor Standards Act (FLSA).

Fifth Circuit Announces More Rigorous Standard for Certification of Collective Actions

January 14, 2021 | Littler Filed Under: General (FLSA)

Littler

On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a long-sought opinion on the collective certification process under the Fair Labor Standards Act.  In its opinion, the Fifth Circuit expressly rejected the lenient standard employed by almost every federal district court across the country

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