In an opinion illustrating the tangled web we weave when de-facto legislation takes place outside of Congress, the Ninth Circuit in Marsh v. J. Alexander's gave deference to the USDOL's sub-regulatory "20% Rule", restricting an FLSA tipped employee's activities, essentially on the basis that the agency's position was previously available online and that employers were therefore presumed to have notice of its potential effect.
The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.
The concept of "fair" workweeks, scheduling, etc., while primarily a local-government endeavor, is causing a national headache. Given the breadth and complexity, let alone variety, of these provisions, employers must invest in getting to know the specifics of each jurisdiction and, just as importantly, training front-line managers.
This week the USDOL has issued a press release announcing that it will hold “listening" sessions to "gather views” on the white collar exemptions and released new Opinion Letters addressing other FLSA topics, including the 7(I) overtime exemption for certain employees of qualifying retail and service establishments.
Post Epic, FLSA doesn't block individual arbitration of collective actions according to a federal appeals court.
Tip credit controversies are alive and well as employers seek clarity on the USDOL's so-called 20% Rule regarding "tipped employees" engaging in activities that do not, or at least not directly, produce tips.
Employers often have pay plans detailing the events that trigger an employee's entitlement to commission payments. A recent Seventh Circuit decision serves as a reminder that employers should closely consider the particular position when doing so.
USDOL's recent Field Assistance Bulletin outlines the factors to be considered when the agency is evaluating independent contractor status.
Does the FLSA apply in this scenario? Take our quiz, and check back for the discussion post.
After 80 years with the USDOL, the FLSA needs a shakeup. The problem is that, even as we anxiously await proposed regulations from the current agency and contemplate how things might be under a potential new one, it’s the 80-year-old law that needs change, and not just because it is outdated.