In July 2008, the Department of Labor’s Wage and Hour Division (WHD) published proposed rules that would change several regulations issued under the Fair Labor Standards Act (FLSA) and the Portal-to-Portal Act, including tip credit, fluctuating workweek, compensatory time, commuting, and other provisions. The proposed rules were not finalized during the previous Administration; however, a
The DOL’s Wage and Hour Division will no longer provide fact-specific Opinion Letters.
By Maria Danaher on
Posted in FLSA
Title 29 of the U.S. Code provides direction, regulation, and information regarding issues affecting labor, and includes the Fair Labor Standards Act, which addresses both federal minimum wage issues and the laws regulating overtime pay. The issues addressed under Title 29 are administered, in large part, by the Wage and Hour Division (WHD) of the…
Employers should be aware of state laws regarding time off for voting.
By Maria Danaher on
Posted in FLSA
With campaigns for the upcoming elections capturing voter interest, time-off for voting – and how that time-off affects attendance on the job – are issues that are being raised in many workplaces. In 31 states, Puerto Rico, and the Virgin Islands, employers must allow employees time off to get to polling places and cast…
Sales rep falls within FLSA’s “administrative” exemption because of independent strategic planning responsibilities.
By Maria Danaher on
Posted in FLSA
Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours a week are entitled to overtime pay unless they fall under one of the Act’s enumerated exemptions. The 3d U.S. Circuit Court of Appeal found that a Johnson & Johnson sales representative fell within the “administrative” exemption, based upon that person’s…
Turning clocks back to standard time has FLSA ramifications.
By Maria Danaher on
Posted in FLSA
Daylight Saving Time (DST) ends on Sunday, Nov. 1, 2009, at 2 a.m., so don’t forget to turn the clock back one hour before going to bed on Saturday, October 31. This affects employers and employees involved in “shift work,” because shift workers on duty the night of October 31, and who normally work an…
Shutdowns may have an impact on employees’ FLSA-exempt status.
By Maria Danaher on
Posted in FLSA
Many companies affected by the current economic downturn are searching for ways to help weather that storm. Occasional reduction in work hours, implementing mandatory vacations, or instituting short-term furloughs can help an employer to retain experienced employees, while allowing the company to achieve cost savings in this time of economic crisis. The Department of Labor…
Lack-of-specific-knowledge not sufficient to avoid liquidated damages under FLSA
By Marla Presley on
Posted in FLSA
The Fair Labor Standards Act provides that employers violating the Act’s overtime pay requirements are liable for the amount of unpaid overtime. In addition, such an employer may be held liable for an equal amount of liquidated damages, unless it can show that it acted in “good faith” and with “reasonable grounds for believing” that…
On-call hours must be attributed to week in which hours occurred for purpose of overtime pay
By Marla Presley on
Posted in FLSA
The Fair Labor Standards Act requires that overtime compensation be paid at a rate of not less than one-and-a-half times the regular rate of pay of all hours worked in excess of 40 during a particular workweek. Recently, the Department of Labor’s Wage and Hour Division responded to a request for an opinion on whether…
Court designates sales managers as “employees.”
By Maria Danaher on
Posted in FLSA
A group of insurance “sales leaders” who filed for overtime wages under the Fair Labor Standards Act (FLSA) have been deemed by the 5th U.S. Circuit Court of Appeals to be employees rather than independent contractors, and therefore eligible for overtime pay. Hopkins v. Cornerstone America, No. 07-10952 (5th Cir. October 13, 2008). The court…