What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of dismissal with prejudice. Other times, a plaintiff may choose to unilaterally dismiss a claim
You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on Class
When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)
whether it will be a collective action or class action versus an individual action and (2) a trial of the merits on whether the FLSA was actually violated. One federal district court decided No. 2
New Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption
Are you paying employees using a day rate under the FLSA? If so, you may want to read the Fifth Circuit’s recent ruling in the latest string of Helix Energy cases. According to the Fifth Circuit, companies who do business in Texas, Louisiana, and Mississippi that pay employees based on a day rate must now
Finally Final: The Tipped Employee Rule
As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall
that not all of the rule became effective earlier this year but certain portions were implemented to help workers increase earnings during the pandemic. For example, the April 2021 rule allowed employers who did
Here We Go Again? DOL Secretary Walsh Discusses Raising Overtime Exemption Salary Threshold
You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional committee, Secretary Walsh stated that the current amount, $35,568, is “definitely” too low and hinted that his department may seek
Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor Status
On January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic reality test was intended to make it easier for employers to classify certain workers as independent
Don’t Let Your Employee’s “Unpaid” Meal Breaks Turn into a Costly Mistake for You
An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.
Identifying the Potential Problem
The problem that results from unpaid meal breaks typically arises like this:
- Nonexempt employee clocks out for lunch, or
Who’s the Boss? U.S. DOL Issues Final Rule on Independent Contractor Status
Employers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from state to state. In the end, the answer typically depends on how much risk the employer is willing to take. In
‘Tis the Season — Year-End Reminder of 2020’s FLSA Salary Threshold Increase and What You May Need to Check Now
Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the DOL’s salary threshold increases that took effect January 1, 2020. In January, we anticipated that this would be
New Reality? DOL Publishes Proposed Rule on Independent Contractor Status
Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal battle for many years. Most recently, it has been a key issue for those in the growing