We hope your 2022 is off to a good start and you are all managing the COVID-19 pandemic challenges. For this post, we wanted to take a break from COVID-19-specific topics to remind you of some new year to dos. Specifically, EEO-1 and OSHA Injury and Illness Reporting data is due in the coming months,
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
Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work
As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job, employers who have tipped employees (waitstaff, bartenders, etc.) have the option to pay those type of
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
Leggo My Eggo and Pass the Legal Advice! Come to Breakfast with Bradley on June 17
Employers across the country are curious how the labor and employment world may change under President Biden’s administration. March saw Marty Walsh, former mayor of Boston, confirmed as the U.S. Secretary of Labor. What is his philosophy? The DOL postponed the effective date of a new Independent Contractor Rule. Will it ever go into effect?
Should I Stay or Should I Go? Ninth Circuit Finds Gender Discrimination in Retention Raise
An Equal Pay Act plaintiff must show that employees of the opposite sex were paid different wages for equal work. Pretty simple — right? However, there are many factors that go into deciding what is “equal work” or whether the difference in wages is really tied to sex. In Jennifer Joy Freyd vs. University
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
New Administration, New DOL Approach: Department Pulls Back Trump Rulemaking Limitations
With the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind the Trump DOL’s prior rule. The result will likely be less public involvement in DOL guidance.
Background
‘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