The Supreme Court clarified that employees who are paid a daily rate likely do not qualify for the executive exemption under the FLSA.
Continue Reading Supreme Court Clarifies the “Salary Basis” Test Under the FLSA for Highly Compensated Executives
Fair Labor Standards Act
Employers May Not Have To Share Tips With Employees
Introduction
Imagine this scenario – you have hired a catering company to cater an event for you. The company performs its obligations, providing both the food and catering staff to ensure your attendees are well fed and taken care of. Happy at the conclusion of the event, you pay the company in full, and provide…
Private-Sector Comp Time – Don’t Count On It!
Compensatory time off or “comp time” is paid time off that is provided to employees instead of overtime pay. Comp time has been used by public employers for decades. There have been several attempts in the past to legalize comp time for private sector employers. So far, no changes to the law have been passed.…
Emotional Distress Damages Allowed Under FLSA
Count the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act. In a December 19, 2016 opinion, the Fifth Circuit held that the district court should have allowed the jury to receive an instruction on emotional distress damages when it was…
New DOL Overtime Rules And The Fluctuating Workweek
Unless you have been living under a rock for the last few months, you are undoubtedly aware that December 1, 2016 marks the day that the U.S. Department of Labor’s (“DOL”) new overtime rules become effective. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act…