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Showing 28 posts in Fair Labor Standards Act (FLSA).
When is a Lunch Break Not a Lunch Break? The Sixth Circuit and Ruffin v. MotorCity Casino
Hopefully you aren’t reading this on your lunch break, hoping that you can then count the time spent as compensable work time, especially if you’re in the Sixth Circuit. In the case of Ruffin v. MotorCity Casino, the Sixth Circuit held that casino security guards tasked with monitoring their radios over their lunch break were not engaged in compensable work for purposes of the Fair Labor Standards Act. This may be less than good news for employees, but it might provide some leeway in the future as to what employers may permissibly ask employees for on their lunch breaks. More >
What Employers Can (Probably) Expect from the FLSA Overtime Exemption (Yet to Be) Proposed Rules
With apologies to Tom Petty, with regard to upcoming proposed regulations under the Fair Labor Standards Act set to increase the overtime exemption salary, the waiting is the hardest part. Employers everywhere will likely experience some budgetary change to comply, but it’s hard to know exactly what that change will be. At the same time, knowing what may be coming down the pike can only prepare employers more for how to handle the final regulations when they come into effect. More >
Keeping Off-The-Clock Work On Your Radar
There are lots of things that an employer must be mindful of on an ongoing basis, but near the top of that list should be the prohibition of non-exempt employees’ off-the-clock work. This common problem can easily escape an employer’s attention, but it can have an incredibly negative and costly impact if an employee (or, employees) brings a wage and hour suit. Just ask LinkedIn. More >
Don’t Get Burned With Teens Working During Summer Months
Ah, summer. Crowded pools, yards in need of tending, restaurants overflowing with customers – all present the perfect work opportunity for teenagers. For employers, hiring a seasonal or temporary workforce of teenagers comes with a few extra things to keep in mind. The federal law controlling child labor is the Fair Labor Standards Act, but Kentucky also has its own set of child labor laws with which employers must comply. As the summer heats up, remember these things to avoid getting burned with legal troubles: More >
More Workers Eligible for Overtime in the Future, Cont.
Recently, President Obama signed an order which directed the Department of Labor to reexamine how employees are paid for working more than 40 hours per week. According to the President, "[o]vertime is a pretty simple idea. If you have to work more, you should get paid more.” More >
More Workers Eligible for Overtime in the Future
On March 13, President Obama signed an order authorizing the Labor Department to examine ways to expand the number of workers eligible for overtime pay. According to the President, businesses are classifying too many employees as “professional” or “executive,” thereby excluding them from overtime pay. The President stated that “[m]illions of Americans aren’t getting the extra pay they deserve.” The order is part of the Administration’s effort to address the nation’s income gap; the President is also urging Congress to raise the federal minimum wage from $7.25 per hour to $10.10. More >
Dealing with the DOL at Your Door, Part II
Much of the anxiety that a Department of Labor (“DOL”) Wage and Hour Division (“WHD”) investigation causes is due to the mystery of the investigative process. In this case, what you don’t know can hurt you. If an employer is unaware of the process or its demands, too much or too little information may be handed over – resulting in negative consequences. Let’s take a look at how the investigation will be conducted once the DOL investigator steps inside the workplace. More >
FLSA Now Extends to Home Health Care Workers, cont.
Earlier this week, information with respect to the DOL’s Final Rule regarding FLSA protection to home health care workers, and specifically the “companionship service” exemption, was provided. Let’s now take a look at other changes ushered in by the Final Rule. More >
FLSA Now Extends to Home Health Care Workers
On September 17, 2013, the U.S. Department of Labor (“DOL”) issued a Final Rule which narrows the companionship exemption to the Fair Labor Standards Act (“FLSA”) and extends the FLSA's minimum wage and overtime protections to in-home health care workers. The regulations go into effect on January 1, 2015. The delay is designed to permit families who rely upon these workers to prepare for the changes. According to the DOL, this Final Rule will affect nearly 2 million workers. More >
Worker Classification Tests -- When One Isn’t Enough: Troyer v. T.John.E Productions, cont.
On Monday, we discussed the Troyer v. T.John.E Productions, Inc. case. The outcome of that case hinged on whether the plaintiff workers were “employees” or “independent contractors.” The IRS had previously issued SS-8 determination letters to the employers, wherein it was determined the plaintiffs were, in fact, “employees” under the 20-factor IRS guidelines. One might think that the IRS classification would result in a judgment for the plaintiffs. The court, however, thought otherwise. More >
