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.
In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns.
When negotiating a collective action notice to potential opt-in plaintiffs upon an order for or agreement to conditional certification, a defendant-employer often seeks to include language in the notice that if plaintiffs lose the case, they may be liable to the defendant for costs.
Monday Morning Regulatory Review: FLSA Security Screenings; NLRB Elections Rule; Contractor Rehab Act Rule; Contractor Inversions & Minimum Wage Rules
For some reason, today seems to be Labor Day – that is, all of the significant actions we cover deal with the regulation of employment of some type.
Late last month, the Department of Labor released its Fall 2014 Agency Rule List that included a range of proposed regulations covering everything from the FMLA definition of “spouse” to labor union annual reports and persuader rules.
Supreme Court Poised to Rule On Whether Time Spent in Security Screenings is Compensable Work Under the FLSA
Security screenings have become a routine feature of many American workplaces. Whether in office buildings, airports, military installations, or retail facilities, employees must submit to metal detectors and other security checks on a daily basis.
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.
On November 12, 2014, the Ninth Circuit held that sufficient specificity in pleading is required under the Fair Labor Standards Act (FLSA) in Greg Landers v. Quality Communications Inc.
Credible Threats of Insubordinate Activity Could Override NLRA Protections for Employees’ Facebook Postings
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.
FLSA lawsuits are exploding – on nationwide basis annual FLSA filings have increased more than 400% since 2001. The vast majority of these actions ultimately result in a settlement.