It happens every year: I read a decision from a federal judge about the federal Fair Labor Standards Act and shake my head that it actually took litigation to resolve such an obvious question.
Just about a year ago, President Obama issued a Presidential Memorandum directing the Secretary of Labor to “update and modernize” the current regulations governing when employees are deemed exempt from the overtime pay requirements under the Fair Labor Standards Act.
The calendar has flipped from February to March, but there is still nothing from the Department of Labor regarding new regulations governing the Fair Labor Standards Act.
As we previously reported, federal courts around the country have slowly begun to take a more flexible approach to evaluating the enforceability of private FLSA settlement agreements, calling into question the widely-held, decades-old view that settlements of FLSA claims are unenforceable unless they are approved by the DOL or a court.
U.S. Supreme Court Holds Agency Interpretations Are Not Subject to Notice-and-Comment Rulemaking Requirement
In 2004, the DOL revamped its regulations regarding the Fair Labor Standards Act (FLSA) administrative exemption.
In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to recover damages when they are not paid work on the other.
Statistics Released by the Administrative Office of the U.S. Courts Confirm That Wage & Hour Cases Represent the Most Significant Exposure to Employers Under Workplace Laws
On March 10, 2015, the Administrative Office Of The U.S. Courts released its annual statistics, showing the number of cases filed by subject matter during the 12-month periods ending September 30, 2009 through September 30, 2014.
On the crest of the FLSA collective action wave that has swept the nation in recent years is the never-ending parade of exemption misclassification cases targeting Manager/Assistant Manager positions.
Compliance with salary basis requirements is one pre-requisite for exempt status under the FLSA’s “white collar” exemptions.
Monitoring Wage and Hour Compliance Remains Paramount for Employers to Avoid FLSA Collective Actions
Most human resource managers and in-house employment lawyers appreciate the need to ensure the proper payment of wages, including overtime to non-exempt staff, and to verify the proper classification of their service relationships, including whether employees are properly classified as employees, and if so, whether they are exempt.