Tag Archives: FLSA

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

Ver la versión en español aquí For those of us in South Florida, we just braved the first few weeks of school and the associated traffic congestion.  Now we have to prepare for Tropical Storm Erika, potentially Hurricane Erika? While we will know more about the storm’s path on late Friday and early Saturday, it is … Continue Reading

DOL’s Proposal Will Require More “White Collar” Employees to Be Paid Overtime

Ver la versión en español aquí The U.S. Department of Labor (“DOL”) recently proposed substantial changes to the salary amounts for the FLSA’s white collar exemptions. This is the first proposed change since 2004. The DOL took this action in response to a March 2014 directive from President Obama to “modernize and streamline” the regulations … Continue Reading

Wait for It!…Wait for It! (But Don’t Expect to Get Paid for It.)

Ver la versión en español aquí Yesterday, employers gained an important victory in the ongoing wave of litigation over what time is or is not considered compensable work time under the Fair Labor Standards Act (FLSA). The U.S. Supreme Court ruled that employers are not required to pay employees for the time spent waiting to clear … Continue Reading

Florida’s Minimum Wage Set to Increase to $8.05 per Hour on January 1, 2015

Ver la versión en español aquí Effective January 1, 2015, Florida’s minimum wage will increase from the current rate of $7.93 to $8.05 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in … Continue Reading

The Wage & Hour Battle Rages On

Ver la versión en español aquí Over the last several months, President Obama has continued his push to revamp the nation’s minimum wage and overtime laws. He has faced an uphill battle. In a Presidential Memorandum dated March 13, 2014, President Obama directed the Department of Labor to “propose revisions to modernize and streamline the … Continue Reading

Should Your Employment Policies Be Translated?

Ver la versión en español aquí “Comprenden sus empleados las políticas de empleo?” If you did not understand that, take notice of a recent decision by a federal court judge. In the case, an employee sued his former employer for alleged unpaid wages. When the employee began his employment, he signed an agreement stating he … Continue Reading

Two Decisions About Arbitration Agreements Florida Employers Should Note

Florida’s Supreme Court and the federal appeals court covering Florida recently issued opinions regarding the enforceability of arbitration agreements.  The federal court opinion said that an arbitration agreement waiving an employee’s ability to bring a collection action under the Fair Labor Standards Act (“FLSA”) is enforceable.  The state court opinion said that an arbitration provision … Continue Reading

Florida’s Minimum Wage Set to Increase to $7.93 per Hour on January 1, 2014

Effective January 1, 2014, Florida’s minimum wage will increase from the current rate of $7.79 to $7.93 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in the Southern Region. Based upon the … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading

Court Turns Searchlight on Unpaid Interns in Film and Entertainment Industry

On Tuesday, a federal court judge in New York ruled that Fox Searchlight Pictures violated federal and state wage laws by not paying production interns.  The production interns, Eric Glatt and Alexander Footman, worked on the psychological thriller “Black Swan” performing work such as reconciling purchase orders and invoices, drafting cover letters, filing, making copies, arranging … Continue Reading

FLSA and Mootness: The Court Punts and Kagan Throws a Stiff Arm

We have blogged in the past whether offering back pay and other expenses to a plaintiff in a lawsuit under the Fair Labor Standards Act (FLSA) can “kill” the lawsuit. Some courts have recognized that offering the plaintiff full back pay and expenses makes the lawsuit “moot,” even if the plaintiff rejects the offer. Other … Continue Reading

Eleventh Circuit Holds Liquidated Damages Discretionary for FLSA Retaliation

On February 13, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that liquidated damages for a retaliation claim under the Fair Labor Standards Act (“FLSA”) are discretionary, and not mandatory. Moore v Appliance Direct, Inc. is the first decision on this issue in the Eleventh Circuit, which also covers Georgia and … Continue Reading

Collective Action Waivers Survive Court Scrutiny Despite NLRB Ruling

On February 1, a federal court in New York joined appeals courts in the 3rd, 4th, 5th, 8th, 9th and 11th circuits in finding enforceable a waiver of the right to bring collective actions under the Fair Labor Standards Act (FLSA) in arbitration agreements.  This decision is at odds with the National Labor Relations Board’s … Continue Reading

Be Mindful Who is Included in Your Tip Pool – FLSA Lawsuits are Lurking

A recent case from the federal court in Orlando provides a reminder that sharing pooled tips too widely could violate the Fair Labor Standards Act and expose the employer for failing to pay the minimum wage. In Rubio v. Fuji Sushi & Teppani, Inc., a former server sued the restaurant where she had worked for … Continue Reading

Eleventh Circuit Rules on Breastfeeding Breaks Under the FLSA

On December 26, 2012, the Eleventh Circuit, which has jurisdiction over Florida, issued a decision in Miller v. Roche Surety and Casualty Co., Inc. The plaintiff, Danielle Miller, sued her former employer claiming that it violated the Fair Labor Standards Act (“FLSA ) by failing to give her a time and place to express breast … Continue Reading

Court Says Employer Not Liable for Unreported Work Time

        The Sixth Circuit Court of Appeals affirmed dismissal of a lawsuit under the Fair Labor Standards Act brought by an employee who failed to follow her employer’s policy for reporting uncompensated work time.  In Margaret White v. Baptist Mem’l Health Care Corp., the employer, Baptist Memorial Health Care Corp. (“Baptist”), automatically … Continue Reading

Accurate Timekeeping System Gives Company Win on Overtime Claim

The Tenth Circuit Court of Appeals recently found no liability for a company that kept accurate time records in the face of a former employee who claimed that he was not paid for overtime hours that he worked at home.  In Brown v. Scriptpro, the employer, Kansas-based company ScriptPro LLC, had an automated timekeeping system … Continue Reading

I Hear There is an Election Coming Up – Is There Anything I Should Be Concerned About?

If you have not watched television or driven on any road lately, you might be surprised to learn that there is a presidential election scheduled for Tuesday, November 6.  Well maybe not.  This blog focuses on issues that employers should consider during the next few weeks. Florida law does not require employers to give employees … Continue Reading

Second Circuit Ruling on FMLA Eligibility Reminds Employers to Keep Accurate Time Records

In Donnelly v. Greenburgh Central School District No. 7, the Court of Appeals for the Second Circuit recently highlighted the importance of keeping accurate time records for employees to determine Family Medical Leave Act (“FMLA”) eligibility.  To be eligible for leave under the FMLA, an employee must work “at least 1,250 hours of service…during the … Continue Reading
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