Labor and Employment Law

Recent Posts

Timekeeping for Exempt Employees
Posted on 21 May 2015 by Fisher & Phillips LLP

by John E. Thompson Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it... Read More

FLSA Section 13(a) Exemptions Comment Period Will Not Be Extended
Posted on 3 Sep 2015 by Fisher & Phillips LLP

by John E. Thompson There will be no extension of the original 60-day period for commenting on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. U.S. Wage and... Read More

Court of Appeals Decision Highlights Risk of (Mis)Classifying Employees
Posted on 29 Oct 2014 by Jon Hyman

I once handled a wage-and-hour investigation in which the employer, before retaining my services, hired an HR consultant to help classify its employees as exempt or non-exempt. The DOL, however, disagreed, and reclassified half of the company’s... Read More

60-Day Public Comment Period Commences On Proposed FLSA Overtime Exemption Rule Changes
Posted on 8 Jul 2015 by Sheppard Mullin

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... Read More

Document Review Attorneys May Not Be Exempt From OT, Court Says
Posted on 24 Jul 2015 by Robin Shea

Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday. Large law firms and legal services vendors often hire stables of contract lawyers... Read More

New Overtime Regulations Will Impact Five Million Workers
Posted on 2 Jul 2015 by Ashley Kasarjian

For the first time in over a decade, the Department of Labor proposed updates today to the federal Fair Labor Standards Act (“FLSA”) white collar overtime regulations. These changes will impact businesses throughout the United States . The... Read More

Class Certification Properly Denied to Sephora Workers Suing for Misclassification
Posted on 27 Feb 2015 by Robin Largent

On Feb. 26, a California Court of Appeal issued its published decision in Mies v. Sephora , holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative... Read More

Comments to Proposed DOL FLSA 13(a)(1) Exemptions Already Being Filed
Posted on 11 Aug 2015 by Fisher & Phillips LLP

by John E. Thompson Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about... Read More

Let’s Start Treating Salaried Workers Like Salaried Workers
Posted on 4 May 2015 by Jon Hyman

I’ve been thinking a lot lately about what it means to be a salaried exempt employee. The classification is significant, because it enables an employer not to pay the employee overtime for an hours worked over 40 in week. To qualify under most of... Read More

DOL’s New Overtime Rules – How Will The Proposed Regulations Impact Your Business?
Posted on 7 Jul 2015 by Williams Mullen

by Michael B. Steele The speculation is over -- on June 30, 2015, the U.S. Department of Labor (DOL) published its long-awaited Notice of Proposed Rulemaking (NPRM) regarding overtime exemptions, after several missed release dates. The NPRM is in response... Read More

When Will The Exemption Changes Occur?
Posted on 26 Oct 2015 by Fisher & Phillips LLP

by John E. Thompson One of the most-pressing questions for employers at the moment is when the U.S. Labor Department will finalize changes in its definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Some have recently... Read More

LinkedIn’s $6M FLSA Settlement Provides A Good Lesson To Employers
Posted on 5 Aug 2014 by Doug Esten

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.... Read More

Department of Labor Expands Wage and Hour Laws to Home Care Workers
Posted on 19 Sep 2013 by Jon Hyman

Do you employ home health aides, personal care aides, or certified nursing assistants? Do you pay them less than the minimum wage, or less than time-and-a-half for any hours worked in excess of 40 in a week? If so, then you will need to make a big change... Read More

U.S. High Court: Pharma Sales Reps Not Owed Overtime
Posted on 18 Jun 2012 by LexisNexis® Mealey's™ Legal News

WASHINGTON, D.C. - (Mealey's) A pharmaceutical sales representative, or detailer, falls under the U.S. Department of Labor's (DOL) definition of an "outside salesman" and is not owed overtime compensation, a split U.S. Supreme Court... Read More

A Call for the DOL to Fix What Is Wrong With Our Wage-and-Hour Laws
Posted on 17 Mar 2014 by Jon Hyman

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... Read More