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

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

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

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

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

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