Failing to Keep Time Records Can Come Back to Bite You
Posted on April 18, 2018
the situation An employer treats all employees it calls “managers” as exempt under the FLSA and so does not keep any time records for them. If these employees later bring an action for unpaid overtime and a court agrees they were improperly classified as exempt, how could the employer’s inability to produce time records affect […]
So When Do You Need to Pay Employees For Breaks?
Posted on October 25, 2017
the situation An employer rolls out a new system under which employees are free to log off and take breaks whenever they choose—but they will only be paid for the time if they log back in within ninety seconds. Is this a violation of the FLSA?
Applying the Administrative Exemption under the FLSA
Posted on July 12, 2017
the situation One of the requirements of the administrative exemption of the FLSA is that an employee must have as his or her primary duty “office or non-manual work related to the management or general business operations of the employer or the employer’s customers.” So what exactly does this mean? Do mortgage underwriters meet […]
Can A Volunteer Make a Claim for Unpaid Wages?
Posted on November 2, 2016
the situation A small business owner has his girlfriend help him with paperwork and advertising while he tries to grow his business. He does not pay the girlfriend any hourly wage or salary, the idea being that she is pitching in to make his business successful. A year and a half later, the couple breaks […]
In Case You Haven’t Already Heard…The New Overtime Rule is Here
Posted on May 18, 2016
We have all been anxiously awaiting the publication of the Department of Labor’s Final Rule updating the overtime regulations since the issuance of the Notice of Proposed Rulemaking back in July of 2015. The wait is now over. So what do you need to know about the Final Rule?
Big changes in overtime proposed
Posted on July 6, 2015
Earlier this week, the Department of Labor announced a proposed rule that will greatly expand overtime protections. One of the significant changes is that the white collar exemptions will no longer be applicable to a large group of salaried employees–those making less than $50,440 on an annual basis.
Court Refuses to Approve Settlement of FLSA Collective Action
Posted on January 16, 2015
One of the unique features of a FLSA action is that any settlement must be approved by the court. At times, this can prove challenging for parties who must not only figure out how to satisfy one another, but how to make sure the court can also get on board with the settlement. In a […]
Supreme Court Rules in Favor of Employer as to What is Compensable Time
Posted on December 19, 2014
In March, we reported that the United States Supreme Court had granted cert in a case involving the question of whether time spent by employees working for Amazon.com in security checks at the end of their shifts was compensable under the Fair Labor Standards Act (“FLSA”). On December 9, the Supreme Court issued its ruling […]