Not Every Employee is Covered by the FLSA, but You’re Not Off the Hook Just Yet

By | Wage & Hour Insights | December 19, 2014

If you read this blog, attend presentations on wage and hour issues, or just shudder every time you read about another overtime or minimum wage lawsuit, you might assume that all employees are covered by the federal Fair Labor Standards Act (FLSA) and its regulations. However, in some rare circumstances, the FLSA may not cover very small and, importantly, local businesses, meaning that those businesses’ employees may not be entitled to the minimum wage or overtime pay under the FLSA.

SCOTUS Argument Preview: Must Agencies Use Notice and Comment Rulemaking to Change Interpretation

By | Federal Regulations Advisor | November 25, 2014
SCOTUS Argument Preview:  Must Agencies Use Notice and Comment Rulemaking to Change Interpretation

Next Monday, the United States Supreme Court (SCOTUS) will hear argument in Perez v. Mortgage Bankers Association, No. 13-1041, asking whether a federal agency must engage in advance notice and public comment rulemaking pursuant to the Administrative Procedure Act (APA) before it can significantly alter an established interpretive rule articulating the agency’s interpretation of an agency regulation.

Credible Threats of Insubordinate Activity Could Override NLRA Protections for Employees’ Facebook Postings

By | Employment Law Matters | November 18, 2014

A few months ago, the National Labor Relations Board (the Board) determined that an employee’s profanity-laced tirade did not lose the protection of the National Labor Relations Act (NLRA), because the tirade followed the employer’s statement that if the employee didn’t like his job, he could quit.