Articles Discussing Overtime Under The FLSA.

Last month, private firefighters working for Lockheed Martin Corporation’s plant in Marietta, Georgia filed a lawsuit against their employer in the U.S. District Court for Northern District of Georgia. The firefighters are accusing Lockheed of not paying them their overtime wages and thus violating the Fair Labor Standards Act

Earlier this year, an hourly sales associate sued the operators of two CBD shops in Texas for unpaid overtime in violation of the Fair Labor Standards Act (FLSA). Jay and Jamie Ashley are the owners and managers of two CBD USA Plus franchises, Sherman Hemp LLC and Ashten LLC.

In May of 2020, the Department of Justice (DOL) filed a lawsuit against FTR Electrical & HVAC Services for denying its employees their overtime wages. The New Jersey-based company faced accusations of violating several parts of the Fair Labor Standards Act (FLSA). The DOJ filed the suit in the US

Last month, Walmart filed a motion for partial summary judgment in an attempt to dismiss some of the claims brought against the retail giant in an unpaid overtime pay lawsuit filed by night managers. The plaintiffs in the lawsuit, which was filed in 2016, have accused Walmart of misclassifying

Five employees of Same Day Service Inc. filed an overtime suit against the courier service last month. The suit was filed in the New York federal court and includes multiple wage law violations. The defendants claim that the company has refused to pay its workers for working overtime and has

For an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the administrative exemption, which includes workers who are employed in administrative, managerial, executive, or professional capacities. There are detailed

In a recent en banc decision (meaning the case was heard before all the judges rather than a panel of three), the US Court of Appeals for the Fifth Circuit held that a tool pusher earning more than $200,000 a year was entitled to overtime because the day rate he was paid did not qualify as a “salary” under the Fair Labor Standards Act (FLSA). 

Originally posted to our Wage and Hour Insights Blog. Wage and hour law is full of traps for the unwary. Even compensation practices that are well-accepted across an entire industry can sometimes create huge headaches for employers in the face […]

The post Even High Earning Supervisors Can Be Entitled

On January 19, 2021, eight states (Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, and Pennsylvania), along with the District of Columbia, filed a lawsuit seeking to enjoin the Tip Regulations Final Rule published by the U.S. Department of Labor (DOL) in late December 2020. The Final Rule, which

On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).  Prior to May 2020, staffing firms were expressly excluded from taking advantage of the 7(i) exemption. 

Concluding that the company properly used the fluctuating workweek (FWW) pay method, the Second Circuit Court of Appeals has affirmed summary judgment in favor of retailer Bed Bath & Beyond in a Fair Labor Standards Act (FLSA) collective action brought by a group of former district managers. Thomas v. Bed Bath & Beyond, 2020 U.S. App. LEXIS 18747 (2d Cir. June 15, 2020).

On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other premium payments—made in addition to the salary are compatible with the use of the fluctuating workweek method

The Department of Labor (DOL) has issued its Final Rule revising the regulations governing the calculation of the “regular rate” of pay, used to calculate overtime, under the Fair Labor Standards Act (FLSA). The Final Rule, which becomes effective on January 15, 2020, generally adopts the proposed rule published in March 2019, with some additional clarification and examples.

As 2019 winds down, employers should ask themselves if they’re ready to face the New Year. January 1, 2020 brings mandatory regulations both nationwide and locally. Most notably, effective January 1st, the Fair Labor Standards Act (FLSA) – the federal wage/hour law – will raise its salary test to the “white collar” exemptions to approximately $35,000/year. The federal Department of Labor (DOL), which is tasked with enforcing the FLSA, predicts 1.3 million currently exempt employees will be reclassified as nonexempt next year by its final rule.