Second Circuit rejected plaintiffs’ attempt to let a few anomalous weeks tarnish the proper use of the FLSA's fluctuating workweek, and, in doing so, handed employers a useful defense tool in these and similar cases.
USDOL’s final rule recognizes that employees paid under the FLSA’s fluctuating workweek method can receive commissions, weekend pay, etc. – with some caveats.
USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA.
As the summer comes to a close, USDOL’s continued momentum ensures a busy fall for employers. While we await the details, one thing is clear – employers should take these three steps right now.
Fisher Phillips continues to urge USDOL to publish a valid "Overtime Rule" that is practical to apply.
The USDOL has proposed to update its guidance regarding how the "regular rate" is calculated for purposes of overtime pay.
Despite most of the government being occupied with the "shutdown" dilemma, the unaffected USDOL has remained busy and gifted us with two opinion letters today.
The USDOL recently announced that it will continue its Payroll Audit Independent Determination (PAID) program, and wasted no time beginning its efforts to further educate employers and attorneys about the benefits of the program.
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how things might be under a potential new one, it’s the 80-year-old law that needs change, and not just because it is outdated.
The U.S. Supreme Court has taken a fresh look at how courts analyze FLSA exemptions. It concluded that there is no basis to "narrowly construe" the statutory language regarding FLSA exemptions, and thus, held that service advisors employed by automobile dealerships can qualify for the Section 13(b)(10) exemption from federal overtime.