The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s right to assess civil monetary penalties (CMPs), in an amount up to $1,100
Articles Discussing General Topics Under The FLSA.
UPDATE: Federal Judge Allows Student-Athletes Wage and Hour Claims Against the NCAA to Continue
The NCAA must defend claims that they are a joint employer from student-athletes seeking to be paid for the time they spend participating in collegiate athletic activities. Despite U.S. District Court Judge John Padova’s dismissal with prejudice of wage and hour claims filed by the student-athletes against more than 20
Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions
On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior Court of California to Fair Labor Standards Act (FLSA) collective actions.
Sixth Circuit Limits the Scope of Collective Actions
Executive Summary: The Sixth U.S. Circuit Court of Appeals (the federal appeals court with jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) recently held that Fair Labor Standards Act (FLSA) lawsuits filed on behalf of employees in multiple states can only proceed when the court has proper jurisdiction over the employer defendant.
Circuit Courts Endorse Limiting Jurisdiction in FLSA Collective Actions
In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA) claims that arise from out-of-state conduct when the defendant is not subject to the
Auto Technicians’ Pay Structure May Have Been Convoluted, But It Was Still a Bona Fide Commission Plan, Seventh Circuit Concludes
Although the employer’s pay system for its auto repair technicians was complicated and at times redundant, it nevertheless constituted a bona fide commissions compensation method subject to exemption from the overtime pay provisions of the Fair Labor Standards Act (FLSA), the Seventh Circuit Court of Appeals has held. Reed v.
Agricultural Exemption Does Not Apply to Activities Entirely Away from the Farm
To paraphrase the lyrics of the classic nursery song, Old MacDonald had a farm and on that farm he had a cow – and a duck, horse, and chicken (e-i-e-i-o). And, of course, to tend to that livestock Old MacDonald had to have farm workers, and those farm workers had
Littler Lightbulb: Wage and Hour Developments During the First 100 Days of the Biden Administration
Last week, President Biden marked his 100th day in office. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during the first 100 days of the Biden administration.
FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds
Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations. Therefore, as his claim was filed well after the standard two-year limitations period for such
Dear Littler: What are the Wage and Hour Issues with our Wandering Workers?
Dear Littler: We’re a small company based in Austin, Texas – but we’re growing. We made it through the pandemic, and we’re all looking forward to getting back to work. We recently announced that employees can return to the Austin office voluntarily, starting in August. When HR sent around
President Biden Unveils his Paid Leave Plan: How Would the Plan Impact Employers?
The reality cuts like knife: the United States of America is one of the only countries in the world that doesn’t maintain a federal paid leave program for its workers.
Last night, President Biden made clear his desire to change this reality.
In his first address to Congress since
DOL’s New Outreach Initiative and Guidance on Application of the FLSA to Pandemic Scenarios, Including the Compensability of COVID-19 Screening Activities
On April 26, 2021, the U.S. Department of Labor (DOL) posted an update on its blog regarding its new Essential Workers, Essential Protections initiative, which is designed to “ensure that workers know about the wage and hour laws that protect them – and how to contact [the DOL] to get
Florida Moves Forward a Revised Consumer Privacy Bill
Will Florida be the next state to enact a comprehensive consumer privacy law? It sure is starting to look like a viable possibility. With the California Consumer Privacy Act (“CCPA”) in full effect, and the recent enactment of Virginia’s Consumer Data Protection Act (“CDPA”), there has been a flurry of
Wage and Hour Class Actions in Real Estate Industry: Traps for the Unwary
Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate industry can anticipate the variety of wage claims and employers’ strategies in response.
Businesses in the Sunshine State are Prohibited from Requiring Vaccine Passport from Patrons and Customers
Vaccine passports—standardized credentials showing proof of vaccination—are gaining momentum in some states as a means of returning to normalcy and allowing businesses to open fully to those who prove they have been inoculated against COVID-19. A Florida executive order now prohibits businesses operating in Florida from implementing such measures
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