Sixth Circuit Scrubs Attempted Snub of Arbitration of Grubhub Paystub HubbubThere have been many examples of the tension between the “gig economy” and traditional labor laws. Most of the companies like Uber or Grubhub choose to classify their drivers as independent contractors instead of employees, which eliminates obligations like overtime under the Fair Labor Standards Act. The Seventh Circuit this week dealt with such a

There Is More to This than Meets the Eye: Why an Under-the-Radar DOL Wage and Hour Bulletin Is Good News for EmployersThe U.S. Department of Labor issued a Field Assistance Bulletin on June 24, 2020, announcing that it will not routinely assess pre-litigation liquidated damages as part of the settlement process for claims under the Fair Labor Standards Act. Although this announcement has largely gone “under the radar,” it actually has historic significance. The bulletin is

Window Washers and Telegraph Operators Beware: DOL Eliminates Specific Retail and Non-Retail Examples Under Overtime Exemption RuleFor those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no retail concept” under the FLSA’s overtime exemption for certain commissioned employees. Of course, we are being sarcastic (kind

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production CompanyA February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor Standards Act (FLSA).

The Facts

Martina McBride and her husband, John, own Blackbird Studios, which hired Richard Hanson as its operations

It’s What I Said Before: DOL’s Opinion Reversal Does Not Sway Arkansas Federal CourtWhen the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court change its ruling? No — not according to a federal judge in Arkansas.

DOL Opinion Letters

As background, the DOL issues opinion letters as a means to provide guidance for Fair Labor Standards Act

Keeping It Regular: DOL Issues Rule Clarifying Regular Pay RateThe Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay nonexempt employees overtime pay for any hours worked over 40 in a workweek. We also know that

The Relationship Talk: DOL Issues New Rules on Joint Employer StatusWhen do your business relationships make you a joint employer? Fortunately, the DOL recently published a Notice of Proposed Rulemaking with changes to regulations regarding when two or more entities should be treated as “joint employers” under the FLSA. This will help answer the question of when you and the business partner share legal responsibility

Six FLSA Resolutions for the New YearWith the minimum guaranteed salary requirement for the most common Fair Labor Standards Act exemptions being raised from $23,660 to $35,568, effective January 1, 2020, under a final rule issued by the U.S. Department of Labor (DOL), now seems like an opportune time to review some of the FLSA requirements so often unintentionally tripped over

The U.S. Department of Labor (DOL) recently published a Notice of Proposed Rulemaking with changes to regulations regarding tips under the Fair Labor Standards Act (FLSA) and the Consolidated Appropriations Act of 2018 (CAA).

What’s the Federal Law as It Currently Stands?

DOL Issues Proposed Rule for Tipped EmployeesThe FLSA currently permits employers to take a credit towards the minimum wage

McDonald’s Fries Franchise Workers’ Claims, Lands Whopper of a Ruling for FranchisorsIn an important wage-and-hour decision for franchisors, Salazar, et al. v. the McDonald’s Corp., et al., the Ninth Circuit Court of Appeals ruled that employees of one of the hamburger giant’s California-based franchisees were not jointly employed by McDonald’s Corp. and thus the franchisor, McDonald’s Corp., was not liable to the employees under California