The IRS recently updated its guidance for completing Form 1099-K, used primarily by “gig” companies providing compensation using payment apps or online marketplaces and for individuals selling goods on online marketplaces such as Etsy. As background, in order to promote greater tax transparency and compliance, in 2008 Congress enacted Internal
Articles Discussing General Topics Under The FLSA.
This 2023 Year in Review looks at significant wage and hour developments, including agency action, U.S. Supreme Court developments, important appellate court decisions, and state legislative and regulatory changes, including new state minimum wage rates for 2024.
On January 30, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting.”
In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden administration released on Monday, January 29th, a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors from using job applicant’s prior salary history when setting pay and would require federal contractors to post
Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who are not exempt from overtime pay under the Fair Labor Standards Act (FLSA).
Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour.
As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt) employees.
Hours worked on a holiday, Saturdays or Sundays should be treated
If an employer adopts a contract or custom of paying employees for pre- or post-shift activities that are not otherwise compensable under the Fair Labor Standards Act (FLSA), it can impose conditions on such pay, including requiring employees to record the time worked on those activities, the U.S. Court of Appeals for the Seventh Circuit held. Meadows v. NCR Corp., Nos. 21-3309 & 22-1383, 2023 U.S. App. LEXIS 26442 (Oct. 5, 2023).
A federal district court in Arizona held this week that courts are not required – or even authorized – to grant judicial approval of settlement agreements resolving individual claims brought under the Fair Labor Standards Act (FLSA), joining a growing number of courts calling into question the notion that private
On July 6, 2023, a federal court in Texas rejected a challenge to the United States Department of Labor’s 80/20 Rule, which applies to employers that take a tip credit toward their minimum wage obligation under the Fair Labor Standards Act (FLSA). This ruling is yet another step in
A named plaintiff who files a collective action for overtime pay under the Fair Labor Standards Act (FLSA), and whose individual claims are dismissed without prejudice because the district court lacks jurisdiction over the plaintiff’s former employer, is not entitled to tolling of the statute of limitations of those claims.
Executive Summary: The two-step conditional certification process in Fair Labor Standards Act (FLSA) collective action lawsuits, known as the Lusardi standard, has been the law of the land for over 30 years.
In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act (FLSA). Clark v. A&L Homecare and Training Center, LLC, Nos. 22-3101 & 22-3102 (May 19, 2023).
The U.S. Court of Appeals for the Fifth Circuit has reversed and remanded a district court’s denial of a motion to preliminarily enjoin the Dual Jobs Final Rule addressing when employers may take a tip credit under the Fair Labor Standards Act, published by the Department of Labor (DOL) in 2021.
On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit ordered a Texas court to further consider a legal challenge to the United States Department of Labor’s 80/20 Rule, which applies to employers that take a tip credit toward their minimum wage obligation under the Fair