Labor and Employment Law Blog

U.S. Department of Labor Issues Final Salary Threshold Rule, Effective January 1, 2020

On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to make an estimated 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA).  Check out Snell & Wilmer’s legal alert on the final rule here.

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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 employees’ regular rate for purposes of calculating overtime pay. This costly mistake can lead to […]

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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 overturned previous rulings that the time spent by employees in post-shift security screens was not […]

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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 it failed to provide her with a private space to lactate, denied her requests to […]

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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 workers eligible for overtime pay. The DOL released the details on its website[1] ahead of […]

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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 of when reviewing their lactation accommodation policies here.

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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 doing, the Court ordered the practice to pay $50,000 in back wages and liquidated damages […]

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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 know, the tip credit permits an employer to pay its tipped employees not less than […]

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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 a myriad of complex topics that differ from their ordinary practice. This program, requested by […]

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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., Case No. 17-6179, 2018 WL 4762748 (10th Cir. Oct. 3, 2018), the court found that […]

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