Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation

Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt … Continue reading

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Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections

Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions … Continue reading

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UPDATE: Does Your Employee Handbook Have a Lactation Accommodation Policy? (And Are You Abiding By It?)

Recently, a federal jury awarded a City of Tucson Fire Department paramedic $3.8 million after it found that the department violated the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) when … Continue reading

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U.S. Department of Labor Proposes New Salary Threshold Rule

On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited Notice of Proposed Rulemaking (NPRM) to update the minimum salary threshold under the Fair Labor Standards Act – an update that would make approximately a million more … Continue reading

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Does Your Employee Handbook Have a Lactation Accommodation Policy?

Many employers are familiar with break and meal period requirements applicable to their organization under state and federal law. Often overlooked, however, is an employer’s responsibilities toward nursing mothers. We take a look at some of the requirements employers should be aware … Continue reading

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A Working Interview? You’d Better Pay Me

Recently, the United States District Court for the Middle District of Tennessee approved a permanent injunction and order filed by the United States Department of Labor’s (“DOL”) Office of the Solicitor against a dental practice based in Nashville. In so … Continue reading

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Department of Labor Changes Course and Ends “80/20 Rule” for Tipped Employees

This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not … Continue reading

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In-House Counsel Tool Kit: Employment Law Update

A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on … Continue reading

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Corporate Function — Not Corporate Formality — Determines FLSA Status

The Tenth Circuit Court of Appeals, in its October 3, 2018 opinion, reiterated that a worker’s status as an employee or an independent contractor cannot be determined by corporate formalities or labels alone. In Acosta v. Jani-King of Okla., Inc., … Continue reading

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The U.S. Department of Labor Issues Six New Wage and Hour Opinion Letters

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued six new opinion letters this week, covering employer compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The opinion letters … Continue reading

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