The calendar has flipped from February to March, but there is still nothing from the Department of Labor regarding new regulations governing the Fair Labor Standards Act. Don’t worry, you haven’t missed anything. The DOL missed its February deadline and […]
Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award
March 13, 2015
In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to recover damages when they are […]
Supreme Court Rejects Notice and Comment Rulemaking Requirement for Agency Interpretations
March 11, 2015
In a case we labeled one of the “cases to watch” this term, a relatively unified Supreme Court decided in Perez v. Mortgage Bankers Association that a federal agency does not need to engage in notice-and-comment rulemaking pursuant to the […]
DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers
March 3, 2015
Last week, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil, who we have profiled in the past, announced on the DOL’s blog that WHD recovered more than $240 million dollars from employers on behalf of workers […]
Employee’s Failure to Report Off the Clock Work Not a Total Defense Says 11th Circuit
February 24, 2015
Last summer, we highlighted an example of how good recordkeeping practices can result in a favorable decision. In the Kaiser Foundation Health Plan case, the employer successfully defended an “unauthorized overtime” claim where an employee worked off the clock against […]
Predictable Scheduling: The Next FLSA Frontier?
February 17, 2015
As if the DOL’s new Fair Labor Standards Act regulations weren’t enough to fill your plate this year, a recent interview (subscription required) that the DOL’s Wage and Hour Division Administrator David Weil gave to BNA’s Daily Labor Report has […]
The Pay Period Leap Year Redux: Don’t Leap If It Isn’t Your Year!
February 13, 2015
At the end of last year, we discussed the Pay Period Leap Year and what it means for employers. If your first weekly paychecks will issue on Thursday, January 1, 2015, you will have a fifty-third pay period on December […]
Furious Lobbying Continues Ahead of New FLSA Regulations
February 10, 2015
If you read this blog regularly, you know that since last spring, we have been telling you about what to expect from the new Fair Labor Standards Act regulations. The regulations were delayed, but what we expect hasn’t changed, as […]