Fair Labor Standards Act: Wage and Hour Laws and the Way the US Protects Workers

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The Fair Labor Standards Act (FLSA), administered by the U.S. Department of Labor, governs minimum wage, overtime pay, and recordkeeping and youth employment standards affecting employees in the private sector and federal, state, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, … Read more

What Should Employers Know About Overtime?

timesheet-overtime-record

Overtime can be a point of contention and confusion between employers and employees. However, it remains part and parcel of business operations. From how it’s paid to the concept of mandatory overtime, which employers can require from their employees, it can be tricky to understand what’s allowed and what’s not. It is imperative, then, that … Read more

Should You Conduct an FLSA Audit?

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A recent Fifth Circuit case highlights the complexity of the Fair Labor Standards Act (FLSA) and should alert employers to the dangers of running afoul of FLSA rules. Although the plaintiffs lost the case, Escribano v. Travis County, Texas, No. 19-50236 (5th Cir. Jan. 10, 2020) shows how complicated the application of the FLSA can … Read more

What’s in the Works at the Department of Labor

Compliance, Laws, Rules and Regulations words on a stack of books to illustrate the vast amount of guidlines to follow to comply with business and governmental practices

Recently the Department of Labor (DOL) announced the promulgation of long-awaited overtime rules, which have been detailed previously on this blog. There is more in the works at the DOL than those new rules, however. Here are some of the ongoing and forthcoming developments from the department. Restaurants The DOL is continuing to pursue enforcement … Read more

Three Questions about Internships

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For many employers, summer means interns. But for human resource professionals, this means staying in compliance, whether the interns are paid or unpaid. While the Department of Labor (DOL) has issued a fact sheet on internships, the document does not offer detailed guidance on how to stay in compliance. The test itself, however, does imply … Read more

What May Come with a $15-per-hour Wage

Survey question: Should the government raise the federal minimum

In October 2018, Amazon announced that it would pay its employees $15 an hour, starting November 1. The rate applies to “all full-time, part-time, temporary (including those hired by agencies), and seasonal employees across the U.S.,” according to an announcement made by the company. The wage increase also applied to Whole Foods and other subsidiaries. … Read more

Complying with Minimum Wage Laws

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The cost of not paying employees minimum wage and overtime can be significant. For example, in February, California’s Department of Industrial Relations issued a news release concerning a fine of $519,706 levied against a restaurant for paying below the minimum wage. According to the release, “The Labor Commissioner’s investigation found that…workers were paid a flat rate … Read more

Understanding Permissible Deductions for Exempt Employees’ Salaries

An employer handing a paycheck to an employee

Salary Deductions for Exempt Employees The Fair Labor Standards Act (FLSA) exempts certain classes of employees from their overtime payments requirements. The most common of these are administrative, executive, and professional employees. To be classified as exempt, employees must usually satisfy two criteria or tests – the salary basis test and duty tests. To meet … Read more

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Employment Law Updates

Laws change in a moment.

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Visiting on behalf of:

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We hope you find our newsletters help you better navigate employment and labor law issues.