HR Legalist

HR Legalist

Employment Law Updates
& Best Practices for Employers

Category Archives: Fair Labor Standards Act

Subscribe to Fair Labor Standards Act RSS Feed

Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Posted in Fair Labor Standards Act, Overtime, Wage & Hour
Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA mandated that employees prevailing in minimum wage or overtime lawsuits were automatically entitled liquidated damages equal to their… Continue Reading

A Wage and Hour Time Bomb: Case Highlights the Scope of FLSA’s “Fluctuating Workweek” Method for Paying Overtime

Posted in Fair Labor Standards Act, Overtime, Wage & Hour
There are still quite a few unsettled questions regarding the details of how overtime compensation must be calculated and paid to employees under the Fair Labor Standards Act (FLSA).  Within these grey areas, collective and class actions thrive. The recently approved multi-million dollar settlement agreement in Acevedo v. BrightView Landscapes, LLC,[1] a hybrid collective/class action… Continue Reading

Employee Classification and the Gig Economy – Court Leaves the Door Open for “On-Call” Time for Uber Drivers

Posted in Fair Labor Standards Act, Misclasification, Overtime, Wage & Hour
On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia (Rezak, et al. v. Uber Technologies). In their original Class Action Complaint filed in January of 2016, the drivers alleged that Uber… Continue Reading

Wage and Hour Update: Third Circuit Clarifies Standard for Showing Willful Violations in FLSA Overtime Claims

Posted in Fair Labor Standards Act, Wage & Hour
The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the amount of unpaid overtime and liquidated (double) damages. The statute of limitations for FLSA claims is two years… Continue Reading

FLSA Successor Liability – More Than You Bargained For

Posted in Fair Labor Standards Act
A common method for business expansion is for one company to acquire another company’s operations and then merge the operations into the acquiring company.  However, even when care is taken to structure such acquisitions to limit or avoid the potential liabilities of the company being acquired, the transaction can result in the purchasing company being… Continue Reading

Wage and Hour/FLSA Update – DOL’s White-Collar Salary Threshold Struck Down (Again)

Posted in Fair Labor Standards Act, Government, Wage & Hour
On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor Standards Act (“FLSA”), to over $47,000 per year.  In fact, this is the second time that the Eastern District… Continue Reading

Secretary of Labor Withdraws Previous Guidance on Joint Employment and Independent Contractors

Posted in Fair Labor Standards Act, Wage & Hour
In a Department of Labor news release yesterday, new U.S. Secretary of Labor Alexander Acosta announced the withdrawal of two Obama-era Administrator Interpretations, effectively rolling back the scope of the Fair Labor Standards Act and its application to joint employment and independent contractors.  These two interpretations, issued by the former Administrator of the DOL’s Wage… Continue Reading

Christmas Comes Early — Texas Court Blocks New Overtime Rule Nationwide Saving Employers Millions of Dollars

Posted in Fair Labor Standards Act
Yesterday, Texas District Court Judge Amos L. Mazzant issued an order that immediately blocks the implementation of the Department of Labor’s (“DOL”) new overtime rule to the Fair Labor Standards Act (“FLSA”), which was scheduled to go into effect on December 1, 2016. In order to comply with the new overtime rule, employers across the… Continue Reading

Win, Lose or Draw? How will the 2016 Election Impact Your Business

Posted in Fair Labor Standards Act, Immigration, NLRB, Uncategorized, Wage & Hour
On Wednesday, October 26, 2016, Obermayer Rebmann Maxwell & Hippel’s Labor Relations and Employment Department will host a discussion on the upcoming presidential race and what employers can expect from a Democratic or Republican victory.  The stakes are high this year as labor relations, overtime rules, the FLSA, immigration and other areas could all see major… Continue Reading

US DOL AND PA DOL PARTNER TO PREVENT EMPLOYEE MISCLASSIFICATION

Posted in Fair Labor Standards Act, Wage & Hour
On August 4, 2016, the U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry (“PA DOL”) signed a memorandum of understanding  (MOU) to coordinate efforts, by sharing information and conducting joint investigations on employers who may be violating one or more of the state or federal wage and hour laws that… Continue Reading

Supreme Court Criticizes Labor Department for Arbitrary Overtime Regulations

Posted in Fair Labor Standards Act, Wage & Hour
The Supreme Court ruled on June 20, 2016, that the U.S. Department of Labor’s (“DOL”) 2011 regulation removing a long-standing exemption to overtime pay  for auto service advisors was “procedurally defective.”  In a 6-2 opinion, the Court stated the DOL failed to follow the correct procedures in issuing a regulation by not giving adequate reasons… Continue Reading

Uber Drivers to Remain Independent Contractors…For Now

Posted in Fair Labor Standards Act
Uber, the independent taxi service where you can “drive your car and be your own boss,” has long attracted controversy for classifying its drivers as independent contractors and not employees. Class-action lawsuits claiming that Uber has abused and misused the 1099 form have been filed and certified in courts across the nation, including California, Massachusetts,… Continue Reading

Snow Laughing Matter: Employers Ask Important Questions About Inclement Weather and their Responsibilities towards Employees

Posted in Fair Labor Standards Act, Family Medical Leave Act
With the first (and hopefully the worst) of the winter’s calamities behind us, HRLegalist is reminded of a silly, but apt, joke: A: Knock Knock! B: Who’s There? A: Snow! B: Snow who? A: Snow laughing matter. On the heels of Storm Jonas many employers rightly raise important questions about how inclement weather closures could affect… Continue Reading

Misclassification in the Cross-Hairs: DOL Issues new Interpretive Guidance

Posted in Fair Labor Standards Act
The U.S. Department of Labor has been busy of late. Fresh off of issuing a new Notice of Proposed Rulemaking proposing major changes to overtime exemptions (as summarized by HRLegalist), DOL Administrator David Weil has issued a new Administrator’s Interpretation addressing the misclassification of employees as independent contractors. The Interpretation does not change the law,… Continue Reading

Supreme Court Says Employers Don’t Always Have To Pay Under The FLSA (Really!)

Posted in Fair Labor Standards Act
What do you know, the Supreme Court has issued another employer-friendly decision on an interesting wage-and-hour issue!  This time, on December 9, 2014, the Supreme Court unanimously ruled that the Fair Labor Standards Act does not require employers to pay employees for the time spent completing post-shift security screens designed to prevent theft.  Needless to… Continue Reading