The height of the COVID-19 pandemic may be behind us, but the many shifts it prompted in workplace dynamics could be here to stay. One such trend is in the spotlight due to a recent New York Times investigative report: an increasing number of employers are utilizing digital monitoring software that can provide a
The US Department of Labor Sets Forth New Guidance Regarding the Classification of Independent Contractors under the Fair Labor Standards Act
On January 7, 2021, the United States Department of Labor (DOL) published a final rule establishing new guidance on classifying individuals as independent contractors under the Fair Labor Standards Act (FLSA). The new guidance is set forth in Title 29 of the Code of Federal Regulations at Part 795.100 et seq. and is available online
The DOL Provides Welcome Clarifications Regarding Exclusions from the FLSA Regular Rate of Pay
On December 12, 2019, the Department of Labor (DOL) announced a Final Rule that clarifies and amends federal regulations concerning the regular rate of pay under the federal Fair Labor Standards Act (FLSA). Many of the affected regulations date back more than 60 years, long before the FLSA was made applicable to the public sector.
A 3.8 Million Dollar Jury Verdict Is A Good Reminder That The FLSA Guarantees Break Time For Nursing Mothers
This post was authored by Lisa S. Charbonneau.
A recent jury decision from the federal trial court in Arizona shows how expensive it can be to ignore a federal law that requires employers to provide mothers with nursing children accommodations to express breast milk.
In 2010, Congress added section 7(r) to the Fair Labor
The Ninth Circuit Provides Guidance Regarding Compliance with the Minimum Wage Provision of the FLSA
In Douglas v. Xerox Business Services, the Ninth Circuit became the latest circuit to rule that employers should look at the workweek as a whole to determine compliance with the minimum-wage provision of the Fair Labor Standards Act (“FLSA”). This result has also been adopted by Second, Fourth, Eighth, and D.C. Circuits, and is reflective
Proposed Department of Labor Rule Expands Entitlement to Overtime For White Collar Employees
On June 30, 2015, the United States Department of Labor (“DOL”) proposed updating its current regulations governing which white collar workers (i.e., executive, administrative, and professional employees) are entitled to overtime pay under the Fair Labor Standard Act (“FLSA”). The DOL’s proposed changes primarily include raising the base salary thresholds from which overtime must be
Employee Time Spent Going Through Security Checks Is Not Compensable Work Time
On December 9, 2014, the U.S. Supreme Court unanimously held that workers need not be paid for the time spent waiting to and actually undergoing security screenings while leaving their work facility. (Integrity Staffing Solutions, Inc. v. Busk (Dec. 9, 2014, No. 13-433.) This decision reverses the judgment of the Ninth Circuit Court of
U.S. Supreme Court Will Review Whether Employee Time Spent Going Through Security Checks Is Compensable
This blog post has by James E. Oldendorph Jr.
On March 3, 2014, the U.S. Supreme Court agreed to hear a case which questions whether employees of companies such as Amazon.com, and companies that provide staffing services to Amazon.com, must be paid for time spent going through security screenings similar to those found in airports
San Francisco Giants Strike Out Against the Department of Labor
The United States Department of Labor (“DOL”) has jurisdiction over all federal labor and employment laws, including the Fair Labor Standards Act (“FLSA”). The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. However, the FLSA is a cumbersome and
October 1, 2013 Deadline: All Employers Must Provide Notice of Covered California to Employees
This blog post was authored by Heather DeBlanc
The Affordable Care Act requires employers to provide Notice to its employees that they may receive health coverage through the exchange (a.k.a. “Health Insurance Marketplace” or “Marketplace”). California’s exchange is called Covered California.
When Must Employer Provide Notice? An employer must provide the Notice to current