By John E. Thompson Recent U.S. Department of Labor news releases show something important about its current approach to enforcing the federal Fair Labor … Read more
New Federal Bill Would Broaden the FLSA Computer Exemption
By John E. Thompson A bill introduced in the U.S. Senate (S. 1747) would significantly expand the scope of the current exemption for certain computer … Read more
Holiday Volunteer Services Might Be Seen as FLSA Employment
By John E. Thompson The holiday spirit moves many to volunteer for activities of a benevolent nature. An organization to which such individuals donate … Read more
Job Descriptions Are Not Exemption Descriptions
By John E. Thompson Among the famous last words in the federal Fair Labor Standards Act Hall of Infamy are, “Let’s write the job descriptions … Read more
Employment at Will: The Most Misunderstood Principle in the Workplace
By John A. Gallagher Most Americans have a general understanding of the “Employment at Will” doctrine. They understand that it means that they … Read more
What a Georgia Strip Club Can Teach Us About Independent Contractors
By Eric B. Meyer Meet Karenza Clincy. She, along with other “nude, female exotic dancers,” sued The Onyx, an Atlanta nightclub, for wage and … Read more
Labor Department, IRS to Go After Misclassified Independent Contractors
By John E. Thompson The U.S. Labor Department announced this week that it has entered into a cooperative alliance with the U.S. Internal Revenue Service … Read more
When Payday Comes, How Will You Handle Earthquake & Hurricane Days?
Businesses up and down the East Coast will need to make some tough calls next payday as they try to figure out how to handle the days workers didn’t … Read more
Most Workers Get Emails in Off-Hours From Bosses Who Expect a Reply
Several years ago, as I was preparing to head off for a long weekend hiking in the Yosemite backcountry, I got a call from the CEO. “Why won’t … Read more
Are You Really a Bona Fide Executive Exempt From Receiving Overtime?
By John A. Gallagher Here’s a question I get a lot: Is it possible I am entitled to overtime even though my employer says I am a bona fide executive? … Read more
What is a “Workweek,” and Why You Should Care
By John E. Thompson Many compensation policies and similar documents refer to wages for non-exempt employees in the context of a “week,” a … Read more
Connecticut Becomes First State To Mandate Paid Sick Leave
By Melinda Caterine Gov. Dannel P. Malloy of Connecticut has pushed through the first state law in the U.S. requiring private employers to provide their … Read more
Tips and Fluctuating Workweek Scrutinized in DOL’s Final FLSA Ruling
By Patricia F. Weisberg The U.S. Department of Labor Wage and Hour Division’s final rule amending the agency’s Fair Labor Standards Act regulations took … Read more
The New DOL Phone App and the Problem With Employee-Kept Records
By Lawrence S. McGoldrick We previously reported on DOL’s publication of a “Work Hours Calendar,” a time sheet for employees to use to … Read more
Labor Department “Updates” Mangle Longstanding FLSA Principles
By John E. Thompson Earlier this week, the U.S. Labor Department’s Wage and Hour Division published a “Final Rule” entitled, … Read more
FLSA and Lactation Breaks: Another Potential Legal Minefield for Employers
By John E. Thompson The period has now closed for submitting information and comments relating to the U.S. Labor Department’s “preliminary … Read more
FLSA Myths: How They Can Bust Your Budget and Blow Your Reputation
Way back when telephones had rotary dials, a law was passed called the Fair Labor Standards Act (FLSA). For years no one paid much attention to it, but … Read more
Documenting Compliance: Be Careful Your Work Isn’t Turned Against You
By John E. Thompson Vigilant employers are taking steps to evaluate or re-assess the status of their compliance with the federal Fair Labor Standards Act … Read more
“Everybody Does It” is a Bad Bet When it Comes to Workplace Legal Issues
By John E. Thompson The boom in wage-hour complaints and lawsuits continues unabated. Long-held conventional wisdom that might be questionable or even … Read more
Internship Crackdown: What You Must Do to Comply with the Law
By Patricia F. Weisberg If your company offers unpaid internships to students, take heed: The U.S. Department of Labor (DOL) has begun to crack down on … Read more