Articles and Blogs

Is judicial approval required for accepted Rule 68(a) offers of judgment in Fair Labor Standards Act (“FLSA”) cases? The U.S. Court of Appeals for the Second Circuit recently said “no” and, in doing so, contradicted at least part of a longstanding view that settlement of all FLSA matters requires either approval by the U.S.... READ MORE

This fall, a string of state laws limiting the enforceability of noncompete agreements with low-wage workers are beginning to take effect. Six states have passed such laws this year, following a trend that started in Illinois and Massachusetts, including Maine (effective September 19, 2019), Maryland (effective October 1, 2019) and New Hampshire (effective September... READ MORE

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

A recent decision by the U.S. Court of Appeals for the Sixth Circuit held that volunteers, who do not expect compensation, are not employees under the Fair Labor Standards Act (“FLSA”). In the past, the Sixth Circuit has declined to employ such a bright line test. In Acosta v. Cathedral Buffet, Inc., a church... READ MORE

The Department of Labor’s Wage and Hour Division recently issued three new opinion letters, the first new opinion letters published since 2010. Opinion letters are, according to the Department of Labor, “an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer,... READ MORE

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) released Administrator’s Interpretation an  concerning joint employment under the Fair Labor Standards Act (“FLSA”). The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly and severally liable for compliance. It provides... READ MORE

What Happened? Earlier this year, the U.S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts a broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

On July 15, 2015, the U. S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts the broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

Does an employer have to pay its employees when it requires them to stand in line every day for up to 25 minutes waiting to go through security screening at the end of the day?  It seems like that’s a lot of time and that it might be fair to compensate those employees for... READ MORE