The same week that the U.S. Department of Labor’s rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect, both houses of Congress introduced legislation to shorten the workweek. Continue reading
It’s not like I woke up in a cold sweat, fixated on this obscure bit of Fair Labor Standards Act minutiae.
But I did read this Eleventh Circuit decision last night, which did posit whether “Julie Andrews’s Mary Poppins, Martin Lawrence’s Big Momma, Fran Drescher’s Nanny Fine, Robin Williams’s Mrs. Doubtfire, or Vin Diesel’s Shane Wolfe…would have been entitled to overtime pay in the real world.”
So, let’s find out. Continue reading
The Fair Labor Standards Act can be a veritable legal liability minefield for the uninitiated. Just ask several of my friends who practice law on the plaintiff’s side. Heck, it can put an employment lawyer’s kids through college, no matter on which side of the “v” they practice. 😏
Last night, I read a news release from the U.S. Department of Labor that helps put this into perspective.
It’s not often that I attempt to locate images for blog posts using ‘kickback’ as a search term.
But when I do, rest assured that some employer really stepped in it. Continue reading
The Fair Labor Standards Act (FLSA) is the federal wage and hour law that protects all covered workers from substandard wages and oppressive working hours by requiring that employers pay employees minimum wage and overtime when they work more than 40 hours in a workweek.
Determining who counts as an employee is a fact-specific. The ultimate determination turns on the “economic reality” of the relationship between the parties involved.
For the first time in four years, the U.S. Department of Labor plans to increase the minimum salary level to be exempt from the Fair Labor Standard Act’s overtime requirements. Continue reading
Dijares, CC BY-SA 4.0, via Wikimedia Commons
Two wage and hour posts in a row! And this one has an 80’s hair metal track (with a Milton Berle cameo) to back it.
So, cut off your sleeves and sing along as we talk about rounding time under the Fair Labor Standards Act.
By Terry Foote – I took this photograph while attending a Spring Training game, CC BY-SA 4.0, Link
Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'”
But, now that you’re here, you might as well stick around for this wage-and-hour lesson. Continue reading
Employment lawyers often quip that they could walk into a workplace and spot at least one violation of the Fair Labor Standards Act (FLSA), the federal law governing the payment of overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Continue reading
According to the U.S. Department of Labor, “federal wage and hour investigators have seen corrupt employers try all kinds of scams to shortchange workers and to intimidate or retaliate against employees, but a northern California restaurant’s attempt to use an alleged priest to get employees to admit workplace ‘sins’ may be among the most shameless.”
Me? I haven’t seen anything this sacrilegious since Homer ate a god waffle that Marge dislodged from the Simpsons’ ceiling. Continue reading
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