FLSA
Third Circuit Court of Appeals Establishes Framework for Future FLSA Donning and Doffing Cases
On August 16, 2023, in Tyger v. Precision Drilling Corp., No. 22-1613, 2023 WL 5257688 (3d Cir. Aug. 16, 2023), the U.S. Court of Appeals for the Third Circuit reversed a grant of summary judgment to an oil drilling company that dismissed workers’ claims for gear-changing compensation. In doing so, the court sought to clarify…
Read MoreEmployment Law Developments Coming Soon to a Manufacturing Facility Near You
Every year, some developments in employment law have greater potential to affect the manufacturing industry than others. Thus far in 2023, possible changes to the salary threshold under the Fair Labor Standards Act (FLSA) and changes to the independent contractor classification are among the developments manufacturing employers should watch. FLSA Salary Threshold It is anticipated…
Read MoreFLSA Permits Employers to Dock PTO for Productivity Shortfalls, 3rd Cir. Says
An employer did not run afoul of the Fair Labor Standards Act when it deducted paid time off from workers who failed to meet productivity goals, the 3rd U.S. Circuit Court of Appeals ruled Wednesday (Higgins v. Bayada Home Health Care Inc., No. 21-3286 (3d Cir., March 15, 2023)). Bayada Home Health Care Inc. maintained…
Read MoreSupreme Court Decision Impacts FLSA’s Overtime Rules
All employers should be aware of the recent decision by the United States Supreme in Helix Energy Solutions Group Inc. v. Hewitt dealing with exemptions under the Fair Labor Standards Act (“FLSA”). The Hewitt court held that a well-compensated employee paid a daily rate, rather than a fixed weekly or monthly salary, was not exempt…
Read MoreDOL Clarifies Whether FLSA and FMLA Protections Apply to Remote Employees
The U.S. Department of Labor (DOL) recently issued new guidance regarding how remote employees should be paid under the Fair Labor Standards Act (FLSA) and when they are eligible for leave under the Family and Medical Leave Act (FMLA). The FLSA requires covered employers to pay nonexempt employees for all hours worked, including certain rest…
Read MoreFair Labor Standards Act (FLSA) Compliance Audit
The Fair Labor Standards Act, or FLSA, sets standards for full and part-time employees related to minimum wage record keeping, youth employment and overtime pay. The Department of Labor’s Wage and Hour Division enforces FLSA and has the power to investigate the practices, policies and procedure of employers and interview employees to determine whether every…
Read MoreU.S. Department of Labor Issues Proposed Worker Classification Rule
Last week, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced the publication of a highly anticipated notice of proposed rulemaking (NPRM) on worker classification under the Fair Labor Standards Act (FLSA). The proposed rule, the latest in a tumultuous line of regulations on the independent contractors topic, would establish a framework for applying a redrawn…
Read MoreObligations to Employees Under Severe Weather Conditions
With Hurricane Ivan wreaking havoc last week, our thoughts go to those who were in the path of the ever-strengthening storm. The first priority for all affected is safety, but severe weather does also raise numerous employment law issues. Employers are again reminded that weather can affect your workplace. With hurricane season underway, we have…
Read MoreInternship Laws In Review: Ensuring Your Next Internship Program Does Not Run Afoul of State and Federal Labor Laws
As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws. Overview of Internships Internships are generally intended to be educational opportunities for students or recent graduates to learn invaluable on-the-job skills, how to effectively work in a…
Read MoreFLSA Permits Unpaid Internships Even If Employers Benefit, 11th Cir. Confirms
A forensic photography intern working with Miami-Dade County was not an employee entitled to pay, the 11th U.S. Circuit Court of Appeals held (McKay v. Miami-Dade County, No. 20-14044 (11th Cir., June 9, 2022)). While the employer received some benefit from her work, she was the primary beneficiary of the internship, the court said. The…
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