The past few weeks have brought us a flurry of activity from federal agencies poised to re-shape the employment landscape, from upending traditional notions of the employment relationship to re-defining what it means to engage in unlawful retaliation.
The Fair Labor Standards Act (FLSA) is complicated, but to the benefit of most employees, it does one very important thing in particular: it ensures that you are paid overtime wages when you work more than 40 hours a week.
Who’s in Charge? Burgers, Donuts, & The Bona Fide Executive Exemption to the FLSA’s Overtime Pay Requirements
The First Circuit recently held that a material factual dispute existed as to whether store managers employed by Dunkin’ Donuts qualified as “bona fide executives” under the Fair Labor Standards Act (“FLSA”), and as such, were exempt from the FLSA’s overtime requirements.
On January 20, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation that provides fresh guidance for determining when two or more entities will be considered joint employers for purposes of the Fair Labor Standards Act (FLSA).
The U.S. Department of Labor (“DOL”), Wage and Hour Division (“WHD”) recently issued an Administrator’s Interpretation (“Interpretation”) on joint employer liability under the Fair Labor Standards, Act, 29 U.S.C. § 1801 et seq. and the Migrant Seasonal Agricultural Worker Protection Act, 29 U.S.C. § 201 et seq., that provides additional guidance to employers but also may demonstrate the DOL’s increased efforts to focus on joint employer liability for wage and hour compliance.
The number one class action lawsuit for several years running is FLSA claims for overtime pay.
The Magic Bullet: Need for Individual Analysis Dooms FLSA Collective Action Motion for Certification
Some months back, I blogged about a FLSA class action filed against Life Time Fitness based on a theory that personal trainers were compelled to work off-the-clock and were not paid.
Meowing Dogs and Barking Cats: Supreme Court’s Grant of Cert On Exempt Status of Automobile Service Advisors May Result in Reminder That Exemptions Are Functional and Flexible
The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the dealership’s customers—are exempt from the Fair Labor Standard Act’s (“FLSA”) overtime pay requirements.
The Board Vs. the Courts: Will 2016 Mark the Final Showdown for Class Action Waivers in Arbitration Agreements?
Arbitration agreements are practical tools that help employers protect confidential information and avoid the costs associated with traditional litigation.