USDOL announced that, effective July 1, it will not seek liquidated damages in FLSA investigations as a matter of course.
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 Wage and Hour Division has clarified an aspect of the FLSA's 7(i) exemption and simultaneously reminded all that the principles, not lists and examples, control.
In a much-anticipated decision, a federal appeals court just ruled that Fair Labor Standards Act (FLSA) claims resolved through Rule 68(a) offers of judgment do not require fairness review and judicial approval. The 2nd Circuit Court of Appeals’ December 6, 2019 decision is a critical ruling for employers seeking to resolve lawsuits filed under federal wage and hour law, providing a much clearer path for resolution (Yu v. Hasaki Restaurant, Inc).
USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA.
Employers that utilize the “tip credit” under the federal Fair Labor Standards Act, or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today.
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.
USDOL's latest opinion letter confirms its view that certain "gig employees" are, indeed, independent contractors.
The USDOL has proposed to update its guidance regarding how the "regular rate" is calculated for purposes of overtime pay.