Tag Archives: Overtime

New Overtime Rule Doubling Minimum Salary Requirement Effective December 1

Ver la versión en español aquí Well, finally. This morning, the U.S. Department of Labor (DOL) issued its final rule, about two years and two months after President Obama directed the Department to update, streamline and modernize overtime regulations under the Fair Labor Standards Act (FLSA). The Department estimates that the compensation of more than four … Continue Reading

2-4-6-8 Minimum Wage is Not So Great: NFL Cheerleaders Fight Back

The NFL is a multi-billion dollar bu$ine$$. Peyton Manning won the Super Bowl with the Denver Broncos. On top of his $15 million salary, he earned a $2 million bonus. Cam Newton lost the Super Bowl, but don’t feel sorry for him; he signed a 5-year $103.8 million contract.  For their Super Bowl appearances, every … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

Granting Non-Exempt Workers After-Hour Access to Company’s E-mail System: Are You E-mailing Your Way to a Wage and Hour Lawsuit?

Ver la versión en español aquí Betty’s at the dinner table with family, talking about her day, savoring her mashed potatoes when . . . flash—the phone lights up. Work e-mail. She reads it, steps away from the table, and starts drafting a response. Fifteen minutes later, she fires it off and returns to the … Continue Reading

Employees are Taking Back Thanksgiving!!!

Employees are taking back Thanksgiving!!! What impact will that have on your business if the trend continues?  Is the trend driven by a return to more traditional values surrounding the Thanksgiving holiday or is it just plain good business sense? Employers are asking themselves these questions ever since Recreational Equipment, Inc., otherwise known as “REI,” … Continue Reading

Don’t Fall Asleep Just Yet… A “New Test” to Decide When Interns Should be Paid

The steady stream of cases filed by unpaid interns claiming to be owed minimum wage and overtime compensation under the Fair Labor Standards Act remains on the rise after highly publicized court decisions and settlements. However, courts continue to struggle with how to determine if and when an intern should be paid for work under … 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

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

Flexible Workplace: What’s in a Name?

Many companies tout themselves as a “flexible workplace.” But what exactly does that mean? Does the company permit employees to have a regular telecommuting schedule or just work from home occasionally? Does the company offer modified start and stop times or compressed workweeks? All of these options and more can be components of a flexible … 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

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

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

The Fifth Circuit Says Employer Can Privately Settle FLSA Claims Without DOL or Court Approval

For over 30 years, the federal courts in Florida (and in other states) have required that settlements of minimum wage and overtime claims under the Fair Labor Standards Act (“FLSA”) be reviewed and approved either by a court or the US Department of Labor.   Now, one court, the Fifth Circuit Court Of Appeals, the federal … Continue Reading

Federal Appeals Court Says DHL is Not Liable for Overtime to Its Contractor Drivers

The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently ruled that DHL was not liable for overtime under the Fair Labor Standards Act (“FLSA”) for hours worked by independent drivers it had hired through a third-party contractor.  In the case, Layton v. DHL Express (USA), Inc., DHL Express (USA) Inc. contracted with a separate … Continue Reading

United States Supreme Court Says Pharmaceutical Reps are FLSA Exempt Outside Salespeople

The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading

Tampa Federal Court Rejects NLRB D.R. Horton Decision – Arbitration of FLSA Collective Action Claims Permitted

In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). A … Continue Reading

Two Federal Courts Greenlight Employment Arbitrations

In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action).  In … Continue Reading

NLRB Says No to Requiring Employees to Sign Arbitration Agreements Prohibiting Group or Class Action

On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law.  The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading

If an Employee Works Overtime and No One Knows Will the Employer Be Liable? A Recent Case Says, "No."

We have all heard the riddle of whether a tree that falls in a forest with no one present makes a noise. A federal appellate court sitting in Indiana faced a similar question regarding a former employee’s claim for overtime compensation under the Fair Labor Standards Act (FLSA). In the case of Kellar v. Summit … Continue Reading

Love That Tender: Mooting an FLSA Action

On September 20, we posted, Was Dionne The FLSA Magic Bullet We Thought?, which discussed recent cases under the Fair Labor Standards Act (FLSA) where the employer tried to moot the lawsuit by tendering the back pay and liquidated damages claimed by the former employee.  As a refresher, in Dionne v. Floormasters Enterprises, Inc., the … Continue Reading
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