The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for two vacant warehouse positions but was not selected. She complained in her August 2010 EEOC charge that the company hired less
Sixth Circuit Takes the Bait: Worm Farm Employees Fit Under FLSA Agricultural Exemption for Overtime
Providing legal scholars nationwide a unique opportunity to opine on worm-farming, the Sixth Circuit Court of Appeals held on Friday, October 2, that farm workers involved in the growing of bait worms are exempt overtime under the Fair Labor Standards Act (FLSA). The Silver Bait farm in rural Tennessee houses, grows and packages bait worms
The U.S. Department of Labor Strikes Again – Worker Misclassification is (Still) a Hot Topic
Continuing the trend of exposing companies who have misclassified workers, the U.S. Department of Labor (DOL) has persuaded its latest target, Halliburton Co., to pay $18.3 million to compensate employees for unpaid overtime. During a self-audit, Halliburton discovered, and the U.S. DOL investigated and found, that several jobs in Halliburton’s oilfield operations were misclassified
FedEx Workers Ruled Employees, Not Independent Contractors – and the IRS Weighs In
Developments continue to come almost daily about misclassification of employees as independent contractors. Wage and hour cases, tax rulings, and discrimination charges all are part of the mix.
We have blogged about worker misclassification extensively, covering the DOL guidance from July of 2015, the treatment of Uber and Lyft drivers, and, um, “entertainers”
Employees vs. Independent Contractors: The DOL Weighs in on Worker Misclassification
Yesterday, the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation that provides some important new guidance on the standard for classifying workers—as employees or independent contractors—under the Fair Labor Standards Act (FLSA). And make no mistake: This guidance clearly intends to make it more difficult than ever for employers to classify their workers
Somebody Get Me an Intern!—Second Circuit Overturns “Black Swan” FLSA Case
Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures misclassified the unpaid interns who worked on the movie, “Black Swan” and should have paid them as employees
DOL’s Proposed FLSA Regs Will More Than Double the Salary Requirement for Overtime Exemption
The Department of Labor issued its long-awaited proposed FLSA salary regulations today and, as many feared, they will have a massive impact on American businesses, more than doubling the salary companies must pay their employees to qualify for exempt status from overtime. The current minimum salary for exemption is $455 per week ($23,660 annually). The
Make Sure Your Supervisors Know that Lactation Breaks Are Required by Law
Maybe once a year, I get a call from a client asking about what the law requires with regard to lactation breaks for nursing mothers. I tell them that § 207(r) of the Fair Labor Standards Act requires them to provide (A) break time for an employee to express breast milk for her nursing child
The Internship 2: Now Paid? Viacom Pays Record Settlement on Intern Lawsuit
Viacom recently announced a settlement of $7.2 million dollars to end litigation by numerous unpaid interns for the Company’s television networks. In 2013, two former interns sued Viacom claiming that it violated the Fair Labor Standards Act (FLSA) and other state statutes by classifying them as “interns” (who are not paid) instead of actual employees.
Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay
The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently issued its opinion in Perez v. Mortgage Bankers Association, holding that the DOL’s amendment of its interpretive rules to