What Is It Exactly That President Obama Wants to Do to the FLSA?

So, by now, you've likely read the news, first reported on Wednesday night by The New York Times reporters Michael Shear and Steven Greenhouse that "Obama Will Seek Broad Expansion of Overtime Pay" . Messrs. Shear and Greenhouse indicated that, yesterday, President Barack Obama was to...

A Call for the DOL to Fix What Is Wrong With Our Wage-and-Hour Laws

Last week, President Obama called upon the Secretary of Labor to “modernize and streamline the existing overtime regulations.” According to the President , the “regulations regarding exemptions from the Act’s overtime requirement, particularly for executive , administrative ,...

The Wage-and-Hour Implications of the NLRB’s Northwestern Football Player Ruling

By now you’ve likely heard that yesterday a regional director of the National Labor Relations Board ruled that Northwestern University’s scholarship athletes are “employees” of the university covered by, and entitled to organize under, the National Labor Relations Act [ an enhanced...

What the New Compensation Standards Mean For Employers

On April 8, the White House announced an Executive Order imposing new pay requirements for federal contractors. These new requirements are designed to address pervasive gender disparities in pay, which the President characterized as being like "adding another 6 miles to a marathon" for women...

President Obama Addresses Equal Pay Issues on “National Equal Pay Day”

by Karin Johnson and Ryan Munitz On April 8, 2014, President Obama signed a Presidential Memorandum that will require federal contractors and subcontractors to provide to the U.S. Department of Labor compensation data based on their employees’ sex and race. The President also signed that day...

Revisiting the Misnamed and Misunderstood Term "Wage Theft"

Yesterday, on his always excellent Connecticut Employment Law Blog, Dan Schwartz wrote a post entitled, “Wage Theft”: The Trendy Phrase That May Not Mean What You Think It Means . Dan wrote: [T]he use of the phrase is being pushed to push various agendas — not as a result of any...

What About the Volunteers?

It seems like these days we hear all about interns – are they properly classified? Do we have to pay them? But what about volunteers ? If a company or nonprofit has volunteers, it MUST evaluate whether it is properly classifying them (i.e., whether they should be paying them). Ok, so where...

Employer Without Notice of Off-the-Clock Work Not Liable for Unpaid Wages

This week a California court issued a favorable decision for the employer in an off-the-clock case, holding that the employer was not liable to the plaintiff for work the plaintiff performed off-the-clock because there was no evidence that the employer knew about the off-the-clock work. While this is...

Auto-Deduct Meal-Break Policies Live to See Another Day

The number of FLSA lawsuits filed each year continues to rise. See The Wage & Hour Litigation Epidemic Continues , at Seyfarth Shaw’s Wage & Hour Litigation Blog . Often, the lawsuits follow certain trends, targeting a particular industry, job type, or claim. One such trend, which I’ve...

State Net Capitol Journal: Minimum Wage Just One Issue Washington Has Left to the States

by Lou Cannon More than four years ago Congress passed President Obama's health care proposal, the Affordable Care Act, on party lines. Whether one favors it or not, Obamacare is a momentous measure. But as far as other major legislation is concerned, Washington has rarely been heard from since...

A Reminder About Comp Time

It’s summer and that means it’s time for summer vacations. Some employers are unaware of the law regarding when an employee may be paid “comp time” instead of wages. So here’s a brief recap of what you should know. Rule #1 Absent an exemption (see below), all employees...

USDOL Brief Elaborates Upon "Intern" Views

by John E. Thompson We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act purposes. This ruling is now being reviewed by the Second Circuit U.S...

California Supreme Court Narrows Commissioned Salesperson Exemption

Last week the California Supreme Court continued its trend of issuing employee-friendly decisions, this time in a case involving the commissioned salesperson exemption. In Peabody v. Time Warner Cable , the plaintiff was a commissioned salesperson who sold advertising spots for Time Warner Cable [ an...

LinkedIn’s $6M FLSA Settlement Provides A Good Lesson To Employers

LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor investigation, reports the DOL . The employees, reports Business Insider , are commissioned inside salespeople. Typically, inside salespeople are not exempt under...