Last fall, the Supreme Court held in Encino Motorcars LLC v. Navarro that statutes should not be construed so as to achieve perceived legislative goals where there is no “textual reason” why they should be given anything other than a “fair reading.” My colleagues and I wondered whether the “fair reading” concept might show up again. Well, it did. Enter Food Marketing Institute v. Argus Leader Media.
Read MoreThe Department of Labor wants to raise the compensation threshold for the FLSA’s highly compensated exemption (“HCE”) test to $147,414 a year from the current $100,000. That will make the simplfied exemption test, which just requires one exempt duty, largely out of reach in most exemption disputes.
Read MoreDOL issued a new Wage & Hour Administrator opinion letter on the employment status of the service providers participating in a virtual marketplace company, finding they were likely bona fide independent contractors, which would have been an unlikely outcome in the Obama era.
Read MoreDOL has proposed a revision of their current regulations regarding the calculation of the regular rate of pay, affecting meal period compensation, wellness programs, gym access, employee discounts, payments for unused sick leave, some reimbursed expenses, some types of discretionary bonuses, and tuition reimbursement programs.
Read MoreCheryl M. Stanton has assumed the office of the Wage and Hour Administrator and is now in charge of the Wage and Hour Division of the US Department of Labor.
Read MoreWhile the statute of limitations for FLSA claims generally prohibit claims older than two or three years depending on the circumstances, the courts can toll the statute of limitations from running in other, limited circumstances,. This is known as the doctrine of equitable tolling.
Read MoreThe ordinary Fair Labor Standards Act (“FLSA”) statute of limitation look back period is supposed to be two years. A willful violation extends the period to three years. And some employer bad acts may toll the limitations period and extend it even more.
Read MoreThe public is again able to request an opinion letter from the US Department of Labor (“DOL”) to give further guidance on ambiguities in the FLSA law or regulations, and DOL has posted guidance on how to do so.
Read MoreDOL just posted two new FLSA opinion letters and a FMLA opinion letter. It also just announced its opinion letter database is searcheable. Watch out Westlaw!
Read MoreThe announcement of three new appointments to the DOL Administrative Review Board (“ARB”), each for a two year term, is a modest step forward. Now the ARB has a quorum and can get to work. The three new members are William Thomas Barto, James A. Haynes, and Daniel T. Gresh.
Read MoreEmployees who are highly compensated at the rate of $100,000 a year just need to have one exempt duty so long as the worker’s primary duty is the performance of office or nonmanual activities. This makes for a much more relaxed test of exempt status from minimum wage, overtime and prevailing wage requirements.
Read MoreThe principles which determine whether or not time spent in travel is working time will depend on the kind of travel involved and the particular circumstances .
Read MoreAfter final arbitral award, a cost reimbursement contractor should have an opportunity to argue at the Board for the recovery the overtime backpay and other costs from the Federal government. There is no U.S. Department of Labor (“DOL”) procedures it has to exhaust first.
Read MoreGovernment service contractors working at federal facilities that have closed down for a day of mourning should review their contracts and wage determination(s) carefully and make sure they don’t cover events, like Presidential funeral closures, and if they do, follow them to get reimbursed, if possible for the cost of the day off.
Read MoreLook for President Trump to triangulate and try to reach compromises with the new House Democratic majority on the FLSA minimum wage and infrastructure bills. This means a moderate minimum wage increase, increased Davis-Bacon Act activity, and perhaps even a a push for family leave are coming into focus in the next Congress.
Read MoreBy changing the FLSA exemption interpretive rule from a “narrow construction” to a “fair reading” standard, the Supreme Court makes it all the more likely that employers have a better chance of prevailing in any exemption disputes.
Read MoreIt pays to carefully check the DOL regulations and, if necessary, get the advice of counsel when determining whether travel time is compensable for nonexempt staff.
Read MoreThe Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in Fiscal Year 2018.
Read MoreThe short answer is that a company that acquires all or substantially all the assets of another company and continues its operations — providing the same services in the same locations with the same employees and equipment — may be found liable for the wage-hour liabilities of the predecessor.
Read MoreIf employers don’t coerce or “require” employee participation in wellness programs, then the time spent therein is likely not working time under the FLSA or other federal wage and hour laws.
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