A little known provision of the Patient Protection and
Affordable Care Act (the Affordable Care Act) amended the Fair Labor Standards
Act (the FLSA) to require that employers provide all new hires and current employees
with written notice of a health...
by Ted Boehm
As we recently reported , the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live...
Employers have used employment agreements to attempt to control the when and where of actions brought by employees. The courts have been receptive to the waiver of the right to sue in court where the forum provided, usually arbitration, is procedurally...
It's that time of year.
You're hiring summer interns and I'm shaving a spoked B
into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage
& hour mess .
See what I...
by John E. Thompson
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
Readers will recall our posts about a similar USDOL...
In a significant employment law case, the Fourth Circuit ruled last Friday
that an employer may decline employment to a prospective employees due to her
having made FLSA charges against a previous employer. The case, decided 2-1
over a strong dissent...
Earlier this year, I engaged in a debate with plaintiff's attorney (and author of the excellent employee-side blog, Screw You Guys, I'm Going Home ) Donna Ballman over whether discrimination lawsuits are sins of commission or omission. I argued...
by John E. Thompson
In thinking-through and implementing their recovery plans
in the wake of Hurricane Sandy, employers will want to review our August post summarizing a number of federal Fair Labor Standards
Act issues that typically arise following...
Think back to when you took your SATs, many years ago—number-2 pencils, plastic school chairs and laminate-topped desks, florescent lights, nervous sweat, and, the bane of many a high-schooler, the analogies that comprise so much of the SAT’s...
Under the current version of the Fair Labor Standards Act (the "FLSA"), workers that provide companionship services, including home health care workers, are exempt from wage and overtime compensation requirements (the "companionship exemption"...
I’ve cautioning about the use of unpaid interns almost as long as this blog has been a blog ( here , here , and here , for example). Last week, the 11th Circuit, in Schumann v. Collier Anesthesia [pdf] , became the third federal appellate court...
Last Friday, I had the honor and privilege of presenting at the Philadelphia Association of Paralegals’ Education Conference . The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims...
WASHINGTON, D.C. - (Mealey's) The Fair Labor
Standards Act's anti-retaliation provision applies to complaints that are filed
orally and written, the U.S. Supreme Court majority ruled Mar. 22 ( Kevin
Kasten v. Saint-Gobain Performance Plastics...
by Marlene Nicolas , Rachel Tischler and Danielle Thompson*
On Monday, July 6, 2015, in response to a March 2014 executive order signed by President Obama, the Department of Labor (“Department”) published a Notice of Proposed Rulemaking...
When you think of minor league baseball, you may draw on movies like Bull Durham or The Rookie ; long bus trips from stadium to stadium where teams play in front of small crowds for small pay.
Well, apparently, the pay may be small enough to trigger...