On January 19, 2021, the U.S. Department of Labor issued four new opinion letters.
Articles Discussing General Topics Under The 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.
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.
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).
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
The U.S. Court of Appeals for the Fifth Circuit has just issued an important decision addressing “how stringently, and how soon, district courts should enforce Section 216(b)’s ‘similarly situated’ mandate” when considering motions for certification of collective actions under the Fair Labor Standards Act (FLSA). The appeals court rejected the
On December 31, 2020, the Florida Supreme Court rendered an opinion in In Re: Amendments to Florida Rule of Civil Procedure 1.1510, No. SC20-1490, aligning Florida’s rules of civil procedure with the supermajority of U.S. states and formally adopting the federal standard for summary judgment motions.
The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule personal appointments during the workday and perform portions of their work remotely. The other addresses compensation arrangements for live-in
On the last day of 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) ushered out the year with two new Opinion Letters. These may be the final two Opinion Letters of the Trump Administration and perhaps the last two for a while, depending on whether
Originally posted to our Wage and Hour Insights Blog. The Department of Labor (“DOL”) released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under […]
The post Pay Me Now, or Pay Me Later?
The plaintiff sought more than $12,000 in unpaid wages on his FLSA claims, rejected the defendant employer’s Rule 68 offer of judgment of $3,500 on those claims, and then was awarded only $97.20 plus an equal amount of liquidated damages. Under these circumstances, the Eleventh Circuit held that the trial
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019
On September 25, 2020, Governor Ron DeSantis announced Florida’s entry into Phase 3 of its coronavirus pandemic reopening plan and issued Executive Order 20-244.
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
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.